[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47572-47574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20326]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2017-0349; FRL-9983-68--Region 7]


Approval of Missouri Air Quality Implementation Plans; 
Redesignation of the Missouri Portion of the St. Louis-St. Charles-
Farmington, MO-IL 2008 Ozone Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to redesignate the Missouri portion of the St. Louis-St. 
Charles-Farmington, MO-IL nonattainment area (``St. Louis area'' or 
``area'') to attainment for the 2008 ozone National Ambient Air Quality 
Standard (NAAQS). EPA is also approving, as a revision to the Missouri 
State Implementation Plan (SIP), the state's plan for maintaining the 
2008 8-hour ozone NAAQS through 2030. Finally, EPA finds adequate and 
is approving, as a SIP revision, the State's 2030 volatile organic 
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle 
Emission Budgets (MVEBs) for the Missouri portion of the St. Louis 
area. The Missouri Department of Natural Resources (MDNR) submitted 
this request on September 12, 2016, with a supplemental submission on 
February 16, 2018. EPA addressed the Illinois portion of the St. Louis 
area in a separate rulemaking action published in the Federal Register 
on March 1, 2018.

DATES: This final rule is effective on September 20, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2017-0349. All documents in the docket 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: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7214, 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:

Table of Contents

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?
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    This final rulemaking takes final action on submissions from MDNR 
dated September 12, 2016, and supplemented on February 16, 2018, 
requesting redesignation of the Missouri portion of the St. Louis area 
attainment for the 2008 ozone NAAQS. The background for this action is 
discussed in detail in EPA's proposed rulemaking published in the 
Federal Register on June 25, 2018 (83 FR 29486). In that proposed 
rulemaking we noted, under EPA's regulations at 40 CFR part 50, the 
2008 8-hour ozone NAAQS is attained when the three-year average of the 
annual fourth highest daily maximum 8-hour average concentration is 
equal to or less than 0.075 ppm at all of the ozone monitoring sites in 
the area. See 40 CFR 50.15 and appendix P to 40 CFR part 50. Under the 
CAA, EPA may redesignate nonattainment areas to attainment if 
sufficient complete, quality-assured data are available to determine 
that the area has attained the standard and if it meets the other CAA 
redesignation requirements in section 107(d)(3)(E). The proposed rule 
provides a detailed discussion of how Missouri has met these CAA 
requirements.
    As discussed in the June 25, 2018, proposal, quality-assured and 
certified monitoring data for 2013-2015 show that the St. Louis area 
has attained the 2008 ozone standard. In the maintenance plan submitted 
for the area, Missouri has demonstrated that the ozone standard will be 
maintained in the area through 2030. Finally, Missouri adopted 2030 
MVEBs for its portion of the St. Louis area that are adequate and 
supported by MDNR's maintenance demonstration.

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

    The state's submission has met the public notice requirements for 
the redesignation request and maintenance plan submission in accordance 
with 40 CFR 51.102. The submission also satisfied the completeness 
criteria of 40 CFR part 51, appendix V. The state held a public comment 
period from June 27, 2016, to August 4, 2016, and received six comments 
from three commenters. A public hearing was held on July 28, 2016.

III. EPA's Response to Comments

    EPA provided a thirty-day review and comment period for the June 
25, 2018 proposed rule. The comment period ended on July 25, 2018. EPA 
received three sets of comments, specifically adverse comments from the 
Missouri Department of Natural Resources (MDNR) and the Sierra Club. 
Full sets of these comments are provided in the docket for this final 
action. A summary of the adverse comments and EPA's responses are 
provided below.
    Comment: The commenter stated that Missouri's most recent 
monitoring network plan was approved in 2017, as also stated in the 
proposal. However, a footnote in the proposal references the 2016 
monitoring network plan and the state's commitment to verified 
attainment. The commenter is requesting the footnote reference be 
changed to reflect the most recent approved plan.
    EPA's Response: EPA agrees with the commenter that the most recent 
monitoring network plan was approved on December 19, 2017, and Missouri 
has committed to monitoring air quality for verification of continued 
attainment. In this final rulemaking notice, we clarify that the 
monitoring network plan used for verification of continued attainment 
is the plan approved by EPA on December 19, 2017.
    Comment: The commenter requested clarification on the source of the 
2014 attainment inventory data, since the proposal states that data for 
the 2014 attainment inventory was not interpolated between the 2011 and 
2018 Ozone NAAQS Emissions Modeling platform inventories, because EPA's 
National Emissions Inventory (NEI) was unavailable at the time of the 
redesignation request.
    EPA's Response: EPA agrees with the commenter that the Agency's 
2014 NEI was not available at the time Missouri submitted its request 
for redesignation. EPA also agrees that Missouri did not interpolate 
data between 2011 and 2018 to create inventories for 2014. The state 
used Missouri-specific 2014 emissions data for the 2014 attainment 
year. As indicated in the proposal both NOX and VOC 
emissions decreased from the base year to the attainment year and helps 
adequately demonstrate that

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improvement in air quality is due to permanent and enforceable emission 
reductions.
    Comment: The commenter stated that EPA should not take final action 
to approve the redesignation of the St. Louis area to attainment 
because the state's data indicate most monitoring sites in the 
nonattainment area have exceeded the 2008 ozone NAAQS in just the first 
half of the 2018 ozone season, and that past improvements cannot be 
reasonably attributed to permanent and enforceable reductions in 
emissions because of regular exceedances of the 2008 NAAQS at 
monitoring sites.
    EPA's Response: Section 107(d)(3)(E) of the CAA allows 
redesignation of a nonattainment area to attainment of the NAAQS 
provided that: (1) The Administrator determines that the area has 
attained the NAAQS; (2) the Administrator has fully approved the 
applicable implementation plan for the area under section 110(k) of the 
CAA; (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP, applicable Federal 
air pollutant control regulations, and other permanent and enforceable 
emission reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A of the CAA; and (5) the state containing the area has met all 
requirements applicable to the area for the purposes of redesignation 
under section 110 and part D of the CAA. Specifically, the CAA section 
107(d)(3)(E)(i) requires EPA to determine that the area has attained 
the applicable NAAQS. An area is attaining the 2008 ozone NAAQS if it 
meets the 2008 ozone NAAQS, as determined in accordance with 40 CFR 
50.15 and appendix P of part 50, based on three complete, consecutive 
calendar years of quality assured air quality data for all monitoring 
sites in the area. To attain the NAAQS, the three-year average of the 
annual fourth-highest daily maximum 8-hour average ozone concentrations 
(ozone design values) at each monitor must not exceed 0.075 ppm. EPA 
disagrees with the commenter that final action should not be taken to 
redesignate the St. Louis area due to data indicating exceedances at 
monitoring sites in the area.
    EPA's proposed rulemaking was based on quality assured data from 
2013-2015 which demonstrated that the St. Louis area is attaining the 
2008 ozone NAAQS. In addition, 2014-2016 and 2015-2017 data confirm 
that the area continues to attain that NAAQS. EPA's ozone season runs 
from March-October and data collected thus far in 2018 has yet to be 
quality assured or certified by the state. Individual readings at air 
quality monitors that exceed the level of the NAAQS do not mean that an 
area is no longer attaining the NAAQS. In part because ozone 
concentrations are influenced by meteorology and subject to variable 
conditions, attainment of the 2008 ozone NAAQS is measured using the 
three-year average design value at all monitoring sites in the area. 
Moreover, as stated in the proposal, the St. Louis area has also shown 
a decrease in both NOX and VOC emissions which indicates 
that improvement in air quality is due to permanent and enforceable 
emission reductions, rather than temporary conditions.

IV. What action is EPA taking?

    EPA has determined that the Missouri portion of the St. Louis 
nonattainment area is attaining the 2008 ozone standard based on 
quality-assured and certified monitoring data for 2013-2015 and that 
the Missouri portion of the St. Louis area has met the requirements for 
redesignation under section 107(d)(3)(E) of the CAA.
    EPA is thus approving the state's request to change the designation 
of the Missouri portion of the St. Louis area for the 2008 ozone 
standard from nonattainment to attainment. EPA is also approving, as a 
revision to the Missouri SIP, the state's maintenance plan for the 
area. The maintenance plan is designed to keep the Missouri portion of 
the St. Louis area in attainment of the 2008 ozone NAAQS through 2030. 
Finally, EPA finds adequate and is approving the newly-established 2030 
MVEBs for the Missouri portion of the St. Louis area.
    EPA has determined that these actions are effective immediately 
upon publication under the authority of 5 U.S.C. 553(d). The purpose of 
the thirty-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Section 553(d)(1) allows an 
effective date less than thirty days after publication if a substantive 
rule ``relieves a restriction.'' These actions qualify for the 
exception under section 553(d)(1) because they relieve the State of 
various requirements for the Area. Furthermore, section 553(d)(3) 
allows an effective date less than thirty days after publication ``as 
otherwise provided by the agency for good cause found and published 
with the rule.'' EPA finds good cause to make these actions effective 
immediately pursuant to section 553(d)(3) because they do not create 
any new regulatory requirements such that affected parties would need 
time to prepare before the actions take effect.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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).

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    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).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 13, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 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. Amend Sec.  52.1342 by adding paragraph (e) to read as follows:


Sec.  52.1342  Control strategy: Ozone.

* * * * *
    (e) Redesignation to attainment. On September 12, 2016, and 
February 16, 2018, Missouri submitted requests to redesignate its 
portion of the St. Louis MO-IL area to attainment of the 2008 ozone 
standard. The Missouri portion of the St. Louis MO-IL area includes 
Jefferson, Franklin, St. Charles, and St. Louis Counties along with the 
City of St. Louis. As part of the redesignation request, the State 
submitted a plan for maintaining the 2008 ozone standard through 2030 
in the area as required by section 175A of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
4. Section 81.326 is amended by revising the entry for ``St. Louis-St. 
Charles-Farmington, MO-IL'' in the table entitled ``Missouri--2008 8-
Hour Ozone NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.326   Missouri.

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                                        Missouri--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
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                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\              Type              Date \1\              Type
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St. Louis-St. Charles-
 Farmington, MO-IL \2\:
    Franklin County.............       9/20/2018  Attainment.
    Jefferson County............       9/20/2018  Attainment.
    St. Charles County..........       9/20/2018  Attainment.
    St. Louis County............       9/20/2018  Attainment.
    St. Louis City..............       9/20/2018  Attainment.
 
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

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[FR Doc. 2018-20326 Filed 9-19-18; 8:45 am]
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