[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Proposed Rules]
[Pages 59348-59350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0700; FRL-9986-80-Region 7]


Air Plan Approval; Missouri; Emissions Inventory for the Missouri 
Jackson County and Jefferson County 2010 Sulfur Dioxide National 
Ambient Air Quality Standard Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two submissions from the Missouri Department of Natural 
Resources (MoDNR) revising the State Implementation Plan (SIP) for the 
State of Missouri. The SIP revision submissions address the Clean Air 
Act (CAA) section 172 requirement to submit a base year emissions 
inventory for Missouri's partial Jackson County and partial Jefferson 
County nonattainment areas of the 2010 1-hour Sulfur Dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS).

DATES: Comments must be received on or before December 24, 2018.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0700 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219, by telephone at (913) 551-7016, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. Background Information
III. Have the requirements for approval of a SIP revision been met?
IV. What is the EPA's analysis of the SIP revision submissions?
V. What action is the EPA taking?
VI. Statutory and Executive Order reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0700, at https://www.regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets.

II. Background Information

    On June 22, 2010, the EPA promulgated a new 1-hour primary 
SO2 NAAQS of 75 parts per billion (ppb). See 75 FR 35520, 
codified at 40 CFR 50.17(a)-(b). On August 5, 2013, the EPA finalized 
designations for the 2010 SO2 NAAQS, including the partial 
Jackson County and partial Jefferson County nonattainment areas in the 
State of Missouri. See 78 FR 47191, codified at 40 CFR part 81, subpart 
C. These area designations were effective October 4, 2013. Section 191 
of the CAA directs states to submit SIP revisions for areas designated 
as nonattainment for the SO2 NAAQS to the EPA within 18 
months of the effective date of the designation (i.e., no later than 
April 4, 2015). Submittal of the state's nonattainment plan SIP 
revision submissions is discussed in more detail in the ``Have the 
requirements for approval of a SIP revision been met?'' section of this 
document.
    CAA section 172(c)(3) requires states to develop and submit a 
comprehensive, accurate, current emissions inventory for all areas 
designated as nonattainment. An emissions inventory is an estimation of 
actual emissions of air pollutants in an area that provides data for a 
variety of air quality planning tasks including establishing baseline 
emission levels, calculating Federally required emission reduction 
targets, emission inputs into air quality simulation models, and for 
tracking emissions over time. The EPA's April 2014 guidance document 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions'' (April 2014 guidance) recommends that the state develop 
an accurate emissions inventory of current emissions for all sources of 
SO2 (i.e., point, area and mobile sources) within the 
nonattainment area as well as any sources located outside the 
nonattainment area which may affect attainment in the area.\1\
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    \1\ See page 8 of the April 2014 guidance.

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[[Page 59349]]

    The EPA has reviewed the state's emission inventory SIP revision 
submissions and is proposing to approve the SIP revision submissions 
pursuant to sections 110, 191(a), and 172(c)(3) of the CAA.

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

    The baseline emissions inventory for the Jackson County 
SO2 nonattainment area was included in MoDNR's October 2015 
SIP revision submission ``Nonattainment Area Plan for the 2010 1-Hour 
Sulfur Dioxide National Ambient Air Quality Standard--Jackson County 
Sulfur Dioxide Nonattainment Area'' which met the public notice 
requirements for a SIP revision submission in accordance with 40 CFR 
51.102.\2\ The MoDNR provided public notice of the SIP revision 
submission from March 22, 2015 to July 2, 2015, and held a public 
hearing on June 25, 2015. The MoDNR received oral comments from three 
sources during the hearing and written comments from three sources 
prior to the close of the public comment period.\3\
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    \2\ The MoDNR withdrew the ``Nonattainment Area Plan for the 
2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard--
Jackson County Sulfur Dioxide Nonattainment Area'' SIP submission, 
except the EI, from the EPA's consideration on June 11, 2018.
    \3\ The Sierra Club submitted letters from 78 citizens.
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    The baseline emissions inventory for the Jefferson County 
SO2 nonattainment area was included in MoDNR's June 2015 SIP 
revision submission ``Nonattainment Area Plan for the 2010 1-Hour 
Sulfur Dioxide National Ambient Air Quality Standard--Jefferson County 
Sulfur Dioxide Nonattainment Area'' which met the public notice 
requirements for a SIP revision submission in accordance with 40 CFR 
51.102.\4\ The MoDNR provided public notice of the SIP revision 
submission from March 26, 2015 to May 7, 2015, and held a public 
hearing on April 30, 2015. The MoDNR received oral comments from seven 
sources during the hearing and written comments from three sources 
prior to the close of the public comment period.\5\
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    \4\ The MoDNR withdrew the National Ambient Air Quality 
Standard--Jefferson County Sulfur Dioxide Nonattainment Area'' SIP 
submission, except the EI, from the EPA's consideration on March 30, 
2018.
    \5\ The Sierra Club submitted postcards and signatures from 240 
citizens.
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    None of the comments the state received were directly related to 
the baseline year emissions inventories, therefore no changes were made 
to the baseline emmisions inventories prior to submitting the SIP 
revision submissions to the EPA. The emissions inventory SIP revision 
submissions meet the procedural requirements for SIP submittals in the 
CAA, including section 110 and implementing regulations.

IV. What is the EPA's analysis of the SIP revision submissions?

    The baseline emissions inventory in both SIP revision submissions 
was taken from the 2011 National Emissions Inventory (NEI) database. 
The MoDNR developed a comprehensive statewide emissions inventory for 
2011 as required by the EPA's Air Emissions Reporting Requirements 
(AERR) rule. See 73 FR 76539 codified at 40 CFR 51.1-51.50. The 
inventory was submitted to the NEI through the EPA's Emission Inventory 
System (EIS). The 2011 baseline emissions inventory in both SIP 
revision submissions included point, area (or nonpoint), and mobile 
emissions sources of SO2 in accordance with the EPA's April 
2014 Guidance. Both 2011 baseline emissions SIP revision submissions 
were county wide (i.e., not limited to the partial county nonattainment 
boundary) and SO2 emissions data was reported in tons per 
year (tpy).\6\
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    \6\ The MoDNR developed separate model input inventories based 
on 2012 emissions that included sources inside of and outside of the 
nonattainment areas. Nonpoint and mobile sources emissions were 
considered part of the background in the modeling scenarios.

             Table 1--County Wide 2011 Baseline SO2 Emissions
                                  [Tpy]
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                                                    Jackson    Jefferson
                Emission category                   County      County
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Point Source....................................      27,513      43,713
Area (Nonpoint) Source..........................          92          51
Mobile Source...................................          92          27
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V. What action is the EPA taking?

    The EPA is proposing to approve the two SIP revision submissions 
from the MoDNR addressing the CAA section 172(c)(3) requirement to 
submit a base year emissions inventory for Missouri's partial Jackson 
County and partial Jefferson County nonattainment areas of the 2010 1-
hour SO2 NAAQS. The EPA proposes that these emission 
inventory SIP revision submissions were submitted in accordance with 
sections 110, 191(a), and 172(c)(3) of the CAA. Final rulemaking will 
occur after consideration of any comments.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (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

[[Page 59350]]

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, Emissions 
Inventory, Incorporation by reference, Sulfur oxides.

    Dated: November 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
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. Amend the table in Sec.  52.1320, paragraph (e) by adding new 
entries ``(76)'' and ``(77)'' 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  geographic or       State
  Name of nonregulatory SIP provision       nonattainment area     submittal date      EPA approval date                      Explanation
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                                                                      * * * * * * *
(76) Jackson County 1-Hour SO2 NAA      Jackson County...........      10/15/2015  [Date of publication of    [EPA-R07-OAR-2018-0700; FRL-9986-80-Region
 Baseline Emissions Inventory.                                                      the final rule in the      7].
                                                                                    Federal Register],
                                                                                    [Federal Register
                                                                                    citation of the final
                                                                                    rule].
(77) Jefferson County 1-Hour SO2 NAA    Jefferson County.........        6/1/2015  [Date of publication of    [EPA-R07-OAR-2018-0700; FRL-9986-80-Region
 Baseline Emissions Inventory.                                                      the final rule in the      7].
                                                                                    Federal Register],
                                                                                    [Federal Register
                                                                                    citation of the final
                                                                                    rule].
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[FR Doc. 2018-25553 Filed 11-21-18; 8:45 am]
BILLING CODE 6560-50-P