[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Proposed Rules]
[Pages 29826-29828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13374]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0334; FRL-9995-33-Region 7]


Air Plan Approval; Missouri; Infrastructure State Implementation 
Plan Requirements for the 2015 Ozone National Ambient Air Quality 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of a State Implementation Plan (SIP) revision 
submission from the State of Missouri addressing the applicable 
requirements of section 110 of the Clean Air Act (CAA) for the 2015 
Ozone (O3) National Ambient Air Quality Standard (NAAQS). 
Section 110 requires that each state adopt and submit a SIP revision to 
support the implementation, maintenance, and enforcement of each new or 
revised NAAQS promulgated by the EPA. 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. The EPA is also proposing to approve a 
request from the state to exempt all counties in the Metropolitan 
Kansas City Interstate Air Quality Control Region (AQCR) and all of 
Jefferson and most of Franklin (except Boles Township) counties in the 
Metropolitan St. Louis Interstate AQCR from needing an ozone 
contingency plan meeting the requirements of our regulations.

DATES: Comments must be received on or before July 25, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0334 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: Mrs. Tracey Casburn Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7016; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA. A technical support document (TSD) is 
included in this proposed rulemaking docket.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a sip revision been met?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0334, 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. What is being addressed in this document?

    The EPA is proposing to approve the infrastructure SIP submission 
received from the state on April 11, 2019, in accordance with section 
110(a)(1) of the CAA. Specifically, the EPA is proposing to approve the 
following infrastructure elements of section 110(a)(2) of the CAA: (A) 
through (C), (D)(i)(II)- prevent significant deterioration of air 
quality (prong 3) and protection of visibility (prong 4), (D)(ii), (E) 
through (H), and (J) through (M). Elements of section 
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 1) 
and interfering with maintenance of the NAAQs (prong 2) were not 
addressed in the submission. The state has provided public notice of a 
SIP revision addressing prongs 1 and 2, and the EPA expects to receive 
that submission from the state later. Section 110(a)(2)(I) was also not 
addressed in the submission, however, the EPA does not expect 
infrastructure SIP submissions to address element (I). Section 
110(a)(2)(I) requires states to meet the applicable SIP requirements of 
part D of the CAA relating to designated nonattainment areas. The 
specific part D submissions for designated nonattainment areas are 
subject to different submission schedules than those for section 110 
infrastructure elements. The EPA will act on part D attainment plan SIP 
submissions through a separate rulemaking governed by the requirements 
for nonattainment areas, as described in part D.

[[Page 29827]]

    The EPA is also proposing to approve a request from the state to 
exempt all counties in the Kansas City AQCR and Jefferson and Franklin 
(except Bowles Township) counties in the St. Louis AQCR from needing to 
meet the requirement to have an ozone contingency plan found in at 40 
CFR part 51 subpart H.\1\
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    \1\ 51.152(d) (1) allows the Administrator to exempt portions of 
a Priority I, IA, or II AQCR which have been designated as 
attainment or unclassifiable for national primary and secondary 
standards under section 107 of the Act from the requirement to have 
a contingency plan.
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    A technical support document (TSD) is included as part of the 
docket to this action and it includes an analysis of how the EPA 
determined that the submission meets the applicable 110(a)(1) and (2) 
requirements for infrastructure SIPs and has meet the criteria for an 
exemption from needing an ozone contingency plan for all counties in 
the Kansas City AQCR and for Jefferson and Franklin (except Bowles 
Township) counties in the St. Louis AQCR.

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

    The submission has met the public notice requirements of 40 CFR 
51.102. The submission also satisfied the completeness criteria of 40 
CFR part 51, appendix V. The state provided a public comment period for 
the submission from December 31, 2018, to February 7, 2019, and held a 
public hearing on January 31, 2019. The state received comments from 
the EPA during the public comment period; the EPA was the only 
commenter. The state addressed the EPA's comments. As explained in more 
detail in the TSD, the submission meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

IV. What action is the EPA taking?

    The EPA is proposing to approve the April 11, 2019, submission 
addressing the infrastructure elements for the 2015 O3 
NAAQS. Specifically, the EPA is proposing to approve the following 
infrastructure elements of section 110(a)(2): (A) through (C), 
(D)(i)(II)--prong 3 and prong 4, (D)(ii), (E) through (H), and (J) 
through (M). The EPA is not acting on the elements of section 
110(a)(2)(D)(i)(I)--prong 1 and prong 2 because those elements were not 
addressed in the submission. Section 110(a)(2)(I) was not addressed in 
the submission and the EPA would not expect it to be.
    The EPA is also proposing to approve a request from the state to 
exempt all counties in the Kansas City AQCR and Jefferson and Franklin 
(except Bowles Township) counties in the St. Louis AQCR from needing to 
meet the requirement to have an ozone contingency plan found in at 40 
CFR part 51 subpart H.
    The EPA is processing this as a proposed action because it is 
soliciting comments. Final rulemaking will occur after consideration of 
any comments.

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 CAA 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 (Public Law 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 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, Air quality 
control region, Contingency plan, Incorporation by reference, 
Infrastructure, Intergovernmental relations, Exemption, Ozone.

    Dated: June 18, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
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 ``(78)'' in numerical order to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

[[Page 29828]]



                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                    Applicable
  Name of non-regulatory SIP      geographic or         State
           provision              nonattainment    submittal date     EPA Approval date         Explanation
                                       area
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                                                  * * * * * * *
(78) Sections 110 (a)(1) and    Statewide........       4/11/2019  [Date of publication    This action proposes
 110(a)(2) Infrastructure                                           of the final rule in    to approve the
 Requirements for the 2015                                          the Federal             following CAA
 Ozone NAAQS. Ozone                                                 Register], [Federal     elements: 110(a)(1)
 Contingency Plan Exemptions.                                       Register citation of    and 110(a)(2)(A),
                                                                    the final rule].        (B), (C),
                                                                                            (D)(i)(II)--prongs 3
                                                                                            and 4, (D)(ii), (E),
                                                                                            (F), (G), (H), (J),
                                                                                            (K), (L), and (M).
                                                                                            110(a)(2)(D)(i)(I)--
                                                                                            prongs 1 and 2 were
                                                                                            not included in the
                                                                                            submission.
                                                                                            110(a)(2)(I) is not
                                                                                            applicable.
                                                                                           This action proposes
                                                                                            to approve ozone
                                                                                            contingency plan
                                                                                            exemptions for all
                                                                                            counties in the
                                                                                            Kansas City AQCR and
                                                                                            Jefferson and
                                                                                            Franklin (except
                                                                                            Bowles Township)
                                                                                            counties in the St.
                                                                                            Louis AQCR.
                                                                                           [EPA-R07-OAR-2019-033
                                                                                            4; FRL-9995-33-
                                                                                            Region 7].
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[FR Doc. 2019-13374 Filed 6-24-19; 8:45 am]
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