[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Proposed Rules]
[Pages 25979-25981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11580]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0261; FRL-9978-78--Region 7]


Approval of Missouri Air Quality Implementation Plans; 
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate 
Matter (PM2.5) National Ambient Air Quality Standard Interstate 
Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of a State Implementation Plan (SIP) submission from 
the State of Missouri for the 2012 Annual Fine Particulate Matter 
(PM2.5) National Ambient Air Quality Standard (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. In this action EPA 
is proposing to approve the interstate transportion obligations of the 
State's 2012 PM2.5 NAAQS infrastructure SIP submittal.

DATES: Comments must be received on or before July 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0261, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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. The 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 submission been met?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is proposing to approve the submittal as meeting the submittal 
requirement of section 110(a)(1). EPA is proposing to approve certain 
elements of the infrastructure SIP submission from the State of 
Missouri received on October 14, 2015. Specifically, EPA is proposing 
to approve the following elements of section 110(a)(2)(D)(i)(I)--
significant contribution to nonattainment (prong 1), and interfering 
with maintenance of the NAAQs (prong 2). EPA has already addressed 
elements of 110(a)(2) including: (A) Through (C), (D)(i)(II)--
prevention of significant

[[Page 25980]]

deterioration of air quality (prong 3), (D)(ii), and (E) through (M) in 
separate rulemaking (see docket EPA-R07-OAR-2017-0513). EPA intends to 
act on section 110(a)(2)(D)(i)(II)--protection of visibility (prong 4) 
in a subsequent rulemaking.
    A Technical Support Document (TSD) is included as part of this 
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 submission been met?

    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. As explained in 
more detail in the TSD, which is part of this docket, the submittal 
meets the substantive SIP requirements of the CAA, including section 
110 and implementing regulations.

III. What action is EPA taking?

    EPA is proposing to approve the following elements of October 14, 
2015, infrastructure SIP submission from the State of Missouri: Section 
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 
1), and interfering with maintenance of the NAAQs (prong 2) as 
applicable to the 2012 Annual PM2.5 NAAQS.

IV. Incorporation by Reference

    In this action, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the Missouri Regulations described in the amendments to 40 
CFR part 52 set forth below. EPA has made, and will continue to make, 
these materials generally available through https://www.regulations.gov 
and at the EPA Region 7 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. 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 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 (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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxides.

    Dated: May 21, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 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 ``(74)'' in numerical order to read as follows:


Sec.  52.1320   Identification of plan.

* * * * *
    (e) * * *

[[Page 25981]]



                               EPA--Approved Missouri Nonregulatory SIP Provisions
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                                      Applicable
    Name of nonregulatory SIP       geographic or    State  submittal    EPA approval
            provision               nonattainment           date             date              Explanation
                                         area
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                                                  * * * * * * *
(74) Section 110(a)(2)(D)(i)(I)-- Statewide          10/14/2015        6/5/2018,         This action approves
 significant contribution to                                            [insert Federal   the following CAA
 nonattainment (prong 1), and                                           Register          elements: 110(a)(1)
 interfering with maintenance of                                        citation]         and
 the NAAQs (prong 2) (Interstate                                                          110(a)(2)(D)(i)(I)--pr
 Transport) Infrastructure                                                                ongs 1 and 2 [EPA-R07-
 Requirements for the 2012                                                                OAR-2018-0261; FRL-
 Annual Fine Particulate Matter                                                           9978-78-Region 7].
 (PM2.5) NAAQS.
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[FR Doc. 2018-11580 Filed 6-4-18; 8:45 am]
 BILLING CODE 6560-50-P