[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54106-54107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0405; FRL-8708-02-R7]


Air Plan Approval; Approval of Missouri Air Quality 
Implementation Plans; Revisions to St. Louis 1997 PM2.5 Maintenance 
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the State of Missouri on November 12, 2019, revising the maintenance 
plan demonstrating continued maintenance of the 1997 PM2.5 
National Ambient Air Quality Standards (NAAQS) in the St. Louis area. 
This revision demonstrates that the St. Louis area no longer needs to 
rely on the vehicle Inspection and Maintenance (I/M) program and the 
use of Reformulated Gasoline (RFG) for continued maintenance throughout 
the maintenance period for the 1997 PM2.5 NAAQS. The EPA has 
determined that this revision meets the requirements of the Clean Air 
Act (CAA).

DATES: This final rule is effective on November 1, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0405. 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., 
confidential business information (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: 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 EPA.

Table of Contents

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

I. What is being addressed in this document?

    The EPA is taking final action to approve SIP revisions submitted 
by the State of Missouri on November 12, 2019, revising the 1997 
PM2.5 maintenance plan. This SIP revision demonstrates 
continued maintenance of the 1997 PM2.5 NAAQS in the St. 
Louis area through the future year of 2025. The maintenance area 
boundary includes the Missouri counties of Franklin, Jefferson, St. 
Charles, and St. Louis along with the City of St. Louis.
    Through this final action, the EPA is approving this maintenance 
plan into Missouri's SIP pursuant to the CAA section 175A as a 
replacement to the maintenance plan previously approved by EPA on 
October 2, 2018 (83 FR 38033).
    On August 3, 2018, EPA published in the Federal Register 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 PM2.5 NAAQS 
through the ten-year maintenance period. The effective date for this 
approval was on October 2, 2018 (83 FR 38033).
    The SIP revision we are approving in this final rulemaking removes 
the reliance on the St. Louis vehicle Inspection and Maintenance (I/M) 
program and the use of Reformulated Gasoline (RFG) for continued 
maintenance of the 1997 PM2.5 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 2025.
    EPA is approving this 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 1997 PM2.5 NAAQS Redesignation 
rulemaking published on August 3, 2018 (83 FR 38033). Current and 
future projections of air quality and emissions data for this revision 
demonstrates maintenance for the 1997 PM2.5 NAAQS.
    This revision only affects maintenance for the 1997 
PM2.5 standard, only removes the reliance upon the I/M and 
RFG programs for continued maintenance and therefore 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.
    The EPA solicited comments on these proposed revision to Missouri's 
SIP published on July 28, 2021 (86 FR 40395), and did not receive any 
comments. Therefore, the EPA is finalizing the approval of these 
revisions to the SIP.

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

    The State's 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, 
through September 13, 2019, and received one comment from the Missouri 
Petroleum Marketers and Convenience Store Association, one comment from 
Abel Realty, and thirteen comments from EPA. After receiving comments, 
the State revised the SIP 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.

III. What action is the EPA taking?

    The EPA is taking final action to approve a SIP revision submitted 
by the State of Missouri on November 12, 2019, revising the 1997 
PM2.5 maintenance plan. EPA has determined that this 
revision does not interfere with attainment or maintenance of the NAAQS 
or with any other CAA requirement.

IV. 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, the

[[Page 54107]]

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 rulemaking does not 
involve technical standards; and
     Does not provide the 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 1, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Dated: September 22, 2021.
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 ``(80)'' in numerical order to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e)* * *

                                EPA-Appoved Missouri Nonregulatory SIP Provisions
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                                       Applicable
    Name of nonregulatory SIP        geographic or     State submittal   EPA approval date       Explanation
            provision              nonattainment area        date
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                                                  * * * * * * *
(80) Revisions to St. Louis 1997  St. Louis Area:          11/12/2019   9/30/2021, [insert   This action
 PM2.5 Maintenance Plan.           Missouri counties                     Federal Register     replaces the
                                   of Franklin,                          citation].           Maintenance plan
                                   Jefferson, St.                                             for the 1997 PM2.5
                                   Charles, and St.                                           (published in the
                                   Louis along with                                           Federal Register
                                   the City of St.                                            on October 2,
                                   Louis.                                                     2018).
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[FR Doc. 2021-20972 Filed 9-29-21; 8:45 am]
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