[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48242-48244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20615]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2018-0211; FRL-9984-22--Region 7]
Air Plan Approval; Missouri; Regional Haze Plan and Prong 4
(Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking several
final actions regarding the Missouri State Implementation Plan (SIP).
Three SIP actions relate to how the state addresses transport as
related to visibility impairment in Class 1 areas and the 2012 Fine
Particulate Matter (PM2.5), 2010 Nitrogen Dioxide
(NO2), 2010 Sulfur Dioxide (SO2), and 2008 Ozone
National Ambient Air Quality Standards (NAAQS): The EPA is approving
the portion of the state's September 5, 2014 Five-year Progress Report
for the State of Missouri Regional Haze Plan and a subsequently
submitted letter dated July 31, 2017, which clarified that the state
was changing from reliance on the Clean Air Interstate Rule (CAIR) to
reliance on the Cross State Air Pollution Rule (CSAPR) for certain
regional haze requirements; the EPA is converting its limited approval/
limited disapproval of the state's Regional Haze Plan to a full
approval; and the EPA is approving the states' submissions addressing
the Clean Air Act (CAA or the Act) provisions that prohibit emissions
activity in one state from interfering with measures to protect
visibility in another state (prong 4) of the state's infrastructure SIP
submittals for the 2008 Ozone, the 2010 Nitrogen Dioxide
(NO2), the 2010 Sulfur Dioxide (SO2), and the
2012 Fine Particulate Matter (PM2.5) NAAQS. Finally, based
on EPA's approval of the portion of the state's September 5, 2014,
Five-year Progress Report that clarified that the state was changing
from reliance on CAIR to reliance on CSAPR for certain regional haze
requirements and conversion of its limited approval/limited disapproval
of the state's Regional Haze Plan to a full approval, the EPA is
withdrawing the June 7, 2012, Federal Implementation Plan (FIP) for
regional haze.
DATES: This final rule is effective on October 24, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No EPA-R07-OAR-2018-0211. 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: 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 the EPA. This section provides additional information
by addressing the following:
I. Background Information
II. Have the requirements for approval of the SIP submittals been
met?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
e. Regional Haze Five-Year Progress Report
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. Background Information
On May 3, 2018, the EPA proposed to approve the state's change from
a reliance on CAIR to a reliance on CSAPR to meet certain Regional Haze
planning obligations; to convert the EPA's limited approval/limited
disapproval of the state's Regional Haze Plan to a full approval; to
approve the prong 4 elements of the state's 2008 Ozone, 2010
NO2, 2010 SO2 and 2012 PM2.5 NAAQS
infrastructure SIP submittals; and to remove EPA's existing regional
haze FIP from 40 CFR 52.1339(c) and (d). See 83 FR 19479. The EPA
received six sets of comments prior to the close of the comment period;
all six sets of comments were not directly related to the action. The
EPA's rationale for approving those SIP submissions, was provided in
the proposal action and will not be restated here. See 83 FR 19479.
II. Have the requirements for approval of the SIP submittals been met?
a. 2008 Ozone NAAQS
The state's submission 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 April 30, 2013, to June 6,
2013. The EPA provided comments on May 23, 2013, and was the only
commenter. 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)--significant contribution to
nonattainment (prong 1), interfering with maintenance of the NAAQs
(prong 2). The 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\ The state was included in this finding
because it had not made a complete ``good neighbor'' SIP submittal to
meet the prong 1 and 2 elements.
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\1\ See 80 FR 39961 (August 12, 2015).
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[[Page 48243]]
b. 2010 NO2 NAAQS
The state's submission met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The state held a public
comment period from February 25, 2013, to April 4, 2013. The EPA
provided comments to the state on April 3, 2013, and was the only
commenter. A public hearing was held on March 28, 2013. The state
revised its proposed SIP in response to the EPA's comments, and the
state submitted the SIP to the 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 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. The EPA provided
comments on May 23, 2013, and was the only commenter. 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 prongs
1 and 2.
d. 2012 PM2.5 NAAQS
The state's submission 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.
e. Regional Haze Five-Year Progress Report
The state's submission met the public notice requirements for a SIP
submission in accordance with 40 CFR 51.102. The state held a public
comment period from April 28, 2014, to June 5, 2014. The EPA provided
comments on May 30, 2014. A public hearing was held on May 29, 2014.
Revisions were made to the draft report in response to comments
received. The submission satisfied the completeness criteria of 40 CFR
part 51, appendix V. On July 31, 2017, the state submitted a letter to
EPA clarifying certain aspects of its Five-year Progress Report for
regional haze. See 83 FR 19479.
III. The EPA's Response to Comments
As previously noted, the EPA received six sets of comments prior to
the close of the comment period; all six sets of comments were not
directly related to the action and therefore not considered by the EPA
to be significant or adverse to the action being taken; therefore, the
EPA is not providing responses here. No changes were made to the
proposals in this final action after consideration of the comments
received. All comments on the proposed action are available in the
docket noted in this action.
IV. What action is the EPA taking?
As described above, the EPA is taking the following final actions:
(1) Approving the portion of the state's September 5, 2014 Five-year
Progress Report for the State of Missouri Regional Haze Plan which, as
clarified by the July 31, 2017 letter, identified the state's change
from reliance on CAIR to a reliance on the CSAPR FIP for certain
regional haze requirements; (2) converting the EPA's limited approval/
limited disapproval of the state's Regional Haze Plan to a full
approval; and (3) approving the state's infrastructure SIP submissions
addressing the CAA prong 4 requirements for the 2008 Ozone, 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS.
Based on EPA's approval of the portion of the state's September 5, 2014
Five-year Progress Report that clarified that the state was changing
from reliance on CAIR to reliance on CSAPR for certain regional haze
requirements and conversion of its limited approval/limited disapproval
of the state's Regional Haze Plan to a full approval, the EPA is
withdrawing the FIP from 40 CFR 52.1339(c) and (d) as noticed in the
proposed regulatory text revisions.
V. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13563: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
D. Regulatory Flexibility Act (RFA)
This action will not have a significant economic impact on a
substantial number of small entities under the RFA. This action will
not impose any requirements on small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments. There are no Indian reservation lands in Missouri.
Thus, Executive Order 13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
[[Page 48244]]
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
L. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B), this action is subject to the
requirements of CAA section 307(d), as it revises a FIP under CAA
section 110(c).
M. Congressional Review Act (CRA)
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).
N. Judicial Review
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 November 23, 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 CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Regional haze, Visibility.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 13, 2018.
Andrew R. Wheeler,
Acting Administrator.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 52 as follows:
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:
0
a. Revising entry (70); and
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b. Adding entry (74) in numerical order.
The revision and addition read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
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Name of nonregulatory SIP Applicable geographic State submittal
revision or nonattainment area date EPA approval date Explanation
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* * * * * * *
(70) State Implementation Plan Statewide............ 9/5/2014.......... 8/1/2016, 81 FR Missouri
(SIP) Revision for Regional 50353; 9/24/ submitted a
Haze (2014 Five-year Progress 2018, [Insert clarification
Report). Federal Register letter to its
citation]. Five-year
Progress Report
on July 31, 2017
that is part of
this action.
[EPA-R07-OAR-201
5-0581; FRL-9949-
68--Region 7];
[EPA-R07-OAR-201
8-0211; FRL-9984-
22--Region 7.]
* * * * * * *
(74) Sections 110(a)(2) Statewide............ 7/8/2013; 8/30/ 9/24/2018, This action
Infrastructure Prong 4 2013; 7/8/2013; [Insert Federal approves the
Requirements for the 2008 10/14/2015. Register following CAA
Ozone, 2010 Nitrogen Dioxide, citation]. elements:
2010 Sulfur Dioxide, and the 110(a)(2)(D)(i)(
2012 Fine Particulate Matter II)--prong 4.
NAAQS. [EPA-R07-OAR-201
8-0211; FRL-9984-
22--Region 7.]
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0
3. Amend Sec. 52.1339 by:
0
a. Revising paragraph (a); and
0
b. Removing paragraphs (c) through (e).
The revision reads as follows:
Sec. 52.1339 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are met
because the plan includes measures for the protection visibility in
mandatory Class I Federal areas. The Regional Haze Plan submitted by
Missouri on August 5, 2009, and supplemented on January 30, 2012, in
addition to the 5-year progress report submitted on September 5, 2014,
and supplemented by state letter on July 31, 2017, contain fully
approvable measures for meeting the requirements of the Regional Haze
Rule.
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[FR Doc. 2018-20615 Filed 9-21-18; 8:45 am]
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