[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]
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