[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Proposed Rules]
[Pages 40977-40980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15731]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0360; FRL-8707-01-R7]
Air Plan Approval; Approval of Missouri Air Quality
Implementation Plans; Revisions to St. Louis 2008 8-Hour Ozone
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Missouri on November 12, 2019, revising the 2008 8-hour ozone
maintenance plan previously approved by EPA on September 20, 2018,
demonstrating continued maintenance of the 2008 ozone National Ambient
Air Quality Standard (NAAQS), the 1979 1-Hour and 1997 8-Hour ozone
standards in the St. Louis area. This revision states that the St.
Louis area no longer needs to rely on the Inspection and Maintenance
(I/M) program, and Reformulated Gasoline (RFG) for continued
maintenance throughout the maintenance period for the 2008 8-Hour ozone
NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8-Hour ozone NAAQS. EPA is
proposing to determine that this revision meets the requirements of the
Clean Air Act.
DATES: Comments must be received on or before August 30, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0360 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: Steven Brown, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7718;
email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
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-2021-
0360, 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 SIP revisions submitted by the
State of Missouri on November 12, 2019, revising the 2008 8-hour ozone
maintenance plan previously approved on September 20, 2018 (83 FR
47572). This SIP revision demonstrates continued maintenance of the
2008 8-Hour ozone NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8-Hour
ozone NAAQS in the St. Louis area through the future year of 2030.
Since the 2008 ozone standard is more stringent than the 1979 and 1997
ozone standards, and the boundary area for all three designations are
identical, Missouri is requesting through this SIP revision to also
replace the previously approved maintenance plans under those older
standards. The maintenance boundary for these three standards includes
the Missouri counties of Franklin, Jefferson,
[[Page 40978]]
St. Charles, and St. Louis along with the City of St. Louis.
On May 12, 2003 EPA published a final rule stating the St. Louis
area attained the 1979 1-hour ozone standard, redesignated the area to
attainment, and approved the state's plan for maintaining the 1-hour
ozone NAAQS (68 FR 25413). On June 15, 2005 the 1-Hour Ozone NAAQS was
revoked for all areas except the 8-Hour Ozone nonattainment Early
Action Compact (EAC) areas. (70 FR 44470). Due to the revocation of the
1-Hour Ozone standard 1-Hour Ozone designations and classifications
were removed for all areas except EAC areas that had deferred effective
dates for their designations under the 8-Hour Ozone 1997 standard. The
St. Louis area did not participate in the EAC and therefore, the 1-hour
ozone standard was revoked effective June 15, 2005 for all areas in
Missouri (70 FR 44470).
On February 20, 2015, EPA issued a final rulemaking approving the
State of Missouri's request to redesignate the Missouri portion of the
St. Louis nonattainment area to attainment and their demonstration for
maintaining the 1997 8-hour ozone NAAQS through the ten-year
maintenance period (2025). (80 FR 9207).
This SIP revision we are acting on in this proposal, removes the
reliance on the St. Louis Inspection and Maintenance (I/M) program, and
Reformulated Gasoline (RFG) for continued maintenance of the 2008, 1979
and 1997 standard. To support this revision, Missouri utilized EPA's
2014 Motor Vehicle Emissions Simulator (MOVES2014b) emission modeling
system to project revised mobile source emissions by removing emissions
reductions related to I/M and RFG throughout the maintenance period to
the future year of 2030.
Tables 1 and 2 below compare ozone season day (OSD) precursor
pollutants of nitrogen oxide (NOX) and volatile organic
compound (VOC) emissions for the attainment year 2014 to the projection
year 2030 for point, area, onroad and nonroad source categories of the
five counties in the St. Louis area. Missouri's emissions analysis show
decreases in mobile source emissions and a decrease in total source
category NOX and VOC emissions through the maintenance
period of 2030. The projections show that NOX emissions will
decrease by a total of 135.68 tons per OSD (43.1%), while VOC emissions
will be reduced by 41.36 tons per OSD (20.5%) between 2014 and 2030.
These decreases in precursor pollutants demonstrate the area will
continue to meet the 2008, 1979 and 1997 ozone standard throughout the
maintenance period without relying on the I/M program or RFG
requirements in the Missouri portion of the maintenance area.
Table 1--2014 Total Emissions
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Source Category NOX VOC
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St. Louis Area NOX & VOC Emissions in
Tons Per Ozone Season Day (OSD):
Point Source........................ 81.70 13.86
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Area Source......................... 6.47 69.81
Onroad Source....................... 111.76 38.21
Nonroad Source...................... 38.44 33.42
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Total Emissions Tons/OSD........ 238.37 155.30
Illinois Area:
Point Source........................ 23.29 9.38
Area Source......................... 1.53 19.06
Onroad Source....................... 26.94 10.11
Nonroad Source...................... 24.62 7.47
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Total Emissions Tons/OSD........ 76.38 46.02
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Grand Total Emmissions...... 314.75 201.32
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Table 2--2030 Total Emissions
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Source Category NOX VOC
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St. Louis Area NOX & VOC Emissions in
Tons Per Ozone Season Day (OSD):
Point Source........................ 93.08 14.31
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Area Source......................... 6.58 68.60
Onroad Source....................... 26.01 16.12
Nonroad Source...................... 16.79 22.45
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Total Emissions Tons/OSD........ 142.61 121.48
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Illinois Area:
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Point Source........................ 16.93 8.53
Area Source......................... 1.51ENT>18.05
Onroad Source....................... 6.71 3.76
Nonroad Source...................... 11.31 5.09
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Total Emissions Tons/OSD........ 36.46 35.43
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[[Page 40979]]
Grand Total Emissions....... 179.07 156.91
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It is important to note approval of this maintenance plan revision
does not remove the I/M program or the RFG program requirements from
the SIP.
In addition, the motor vehicle emissions budgets (MVEBs) from the
previously SIP approved Maintenance Plan for the 2008 ozone NAAQS \1\
and this SIP submittal remain the same. Therefore, there are no new
MVEBs being created for this SIP revision. EPA found the previously
approved MVEBs adequate for use with transportation conformity on June
22, 2018 (83 FR 26598). Therefore, the State of Missouri is required to
use the MVEBs from the February 16, 2018, Redesignation Request and
Maintenance Plan for future transportation conformity determinations
for the St. Louis area until new budgets are created and formally found
adequate or approved. The finding is available at EPA's conformity
website: https://www.epa.gov/state-and-local-transportation.
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\1\ 83 FR 47572, Sept. 20, 2018.
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EPA is proposing approval of the revised maintenance plan based on
information provided in the emissions projections, modeling results and
an evaluation of quality assured air monitoring data submitted as part
of this revision and in a previously reviewed analysis as part of the
St. Louis Nonattainment Area 2008 8-hour Ozone NAAQS Redesignation
rulemaking on September 20, 2018 (83 FR 47572). Current and future
projections of air quality and emissions data for this revision
demonstrates maintenance for the 2008, 1979 and 1997 ozone NAAQS.
This revision only affects maintenance for the 2008, 1979 and 1997
ozone standards, only removes the reliance upon the I/M program and RFG
programs and meets the requirements of the Clean Air Act.
The full text of the plan revisions including Missouri's technical
demonstration can be found in the State's submission, which is included
in the docket for this action.
III. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from July 29, 2019 to
September 5, 2019 and received one comment from the Missouri Petroleum
Marketers and Convenience Store Association, one comment from Abel
Realty, and twelve comments from EPA. After receiving comments, the
state revised the submittal language prior to submitting the plan to
EPA. In addition, as explained above and in more detail in the Missouri
submittal document, which is part of the docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
IV. What action is the EPA taking?
We are proposing to approve a SIP revision submitted by the State
of Missouri on November 12, 2019, revising the 2008 8-hour ozone
maintenance plan. EPA is proposing to determine that this revision
would not interfere with attainment or maintenance of the NAAQS or with
any other CAA requirement. We are processing this as a proposed action
because we are soliciting comments on this proposed action. Final
rulemaking will occur after consideration of any comments.
V. 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, the 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);
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 proposed 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 proposed
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, Ozone.
Dated: July 19, 2021.
Edward H. Chu,
Acting 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:
[[Page 40980]]
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 ``(79)'' in numerical order to read as follows:
Sec. 52.1320 Identification of plan.
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(e) * * *
EPA-Appoved Missouri Nonregulatory SIP Provisions
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Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
(79) Revisions to St. Louis 2008 St. Louis Area: 11/12/2019 [Date of publication This action replaces
8-Hour Ozone Maintenance Plan. Missouri counties of the final rule Maintenance plans
of Franklin, in the Federal for the following
Jefferson, St. Register], [Federal ozone NAAQS: 1979 1-
Charles, and St. Register citation hour (68 FR
Louis along with of the final rule]. 25413),1997 8-hour
the City of St. (80 FR 9207), 2008
Louis. 8-hour (83 FR
47572).
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[FR Doc. 2021-15731 Filed 7-29-21; 8:45 am]
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