[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49298-49300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21286]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0261; FRL-9983-77--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).

[[Page 49299]]


ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing its 
approval of section 110(a)(2)(D)(i)(I) in 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). Section 110(a)(2)(D)(i)(I) requires the State to 
prohibit any source or other type of emissions activity within the 
State from emitting any air pollutant in amounts which will contribute 
significantly to nonattainment (prong 1), or interfere with maintenance 
(prong 2) in any other State with respect to the NAAQs.

DATES: This final rule is effective on October 31, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No EPA-R07-OAR-2018-0261. 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 a SIP submittal been met?
III. The EPA's response to comments
IV. What Action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background Information

    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 are adding, 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 approving the prong 1 and prong 2 interstate 
transportation obligations of the State's 2012 PM2.5 NAAQS 
infrastructure SIP submittal. On June 5, 2018, the EPA published a 
notice of proposed rulemaking (NPRM) in the Federal Register proposing 
to approve the prong 1 and prong 2 elements of the State of Missouri's 
2012 PM2.5 NAAQS infrastructure SIP submittal. See 83 FR 
25979. The NPRM, and technical support document (TSD) for the action, 
included: a summary of existing modeling data; a summary of monitoring 
data from areas downwind of Missouri; and a summary of annual emissions 
of oxides of nitrogen (NOX) and sulfur dioxide 
(SO2), both of which are precursors of PM2.5. 
This information showed that local control in Missouri is not necessary 
to address contribution, with respect to the 2012 PM2.5 
NAAQS, to nonattainment in, or interfere with maintenance of the NAAQS 
any other State. As the EPA's rationale for approving the SIP 
submission was provided in detail in the NPRM and the TSD for the 
action, and both documents are included in the docket identified in the 
ADDRESSES section of this document, the rationale will not be restated 
in detail in this document.

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

    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.

III. The EPA's Response to Comments

    The public comment period for the NPRM closed on July 5, 2018. The 
EPA received three sets of comments prior to the close of the comment 
period; all three sets of comments were not directly related to the 
action and therefore not considered by the EPA to be adverse to the 
action being taken. As the EPA only responds to adverse comments, there 
are no responses required for this final action. The comments can be 
found in the docket to this action at EPA-R07-OAR-2018-0261. No changes 
were made to the proposal in this final action after consideration of 
the comments received. All comments on the proposed action are 
available in the docket identified in the ADDRESSES section of this 
document.

IV. What action is EPA taking?

    As described above, the EPA is approving the prong 1 and prong 2 
interstate transportation obligations of the State's 2012 
PM2.5 NAAQS infrastructure SIP submittal.

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

[[Page 49300]]

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: September 25, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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 ``(75)'' in numerical order to read as follows:


Sec.  52.1320   Identification of plan.

* * * * *
    (e)* * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                         Applicable
    Name of nonregulatory SIP          geographic or           State       EPA approval date      Explanation
            provision                nonattainment area   submittal date
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                                                  * * * * * * *
(75) Section 110(a)(2)(D)(i)(I)--  Statewide............      10/14/2015  10/1/2018, [Insert  This action
 significant contribution to                                               Federal Register    approves the
 nonattainment (prong 1), and                                              citation].          following CAA
 interfering with maintenance of                                                               elements:
 the NAAQs (prong 2) (Interstate                                                               110(a)(1) and
 Transport) Infrastructure                                                                     110(a)(2)(D)(i)(I
 Requirements for the 2012 Annual                                                              )--prongs 1 and 2
 Fine Particulate Matter (PM2.5)                                                               [EPA-R07-OAR-2018
 NAAQS.                                                                                        -0261; FRL-9983-
                                                                                               77--Region 7.]
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[FR Doc. 2018-21286 Filed 9-28-18; 8:45 am]
 BILLING CODE 6560-50-P