[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54098-54100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20974]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0360; FRL-8707-02-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: 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 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 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 2008 8-Hour ozone NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8-
Hour ozone 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-2021-0360. 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 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. The 
maintenance area boundary includes the Missouri counties of Franklin, 
Jefferson, St. Charles, and St. Louis along with the City of St. Louis.
    Since the 2008 ozone standard is more stringent than the 1979 and 
1997 ozone standards, and the boundary area

[[Page 54099]]

for all three designations are identical, we are approving this SIP 
revision to also replace the previously approved maintenance plans 
under those older standards.
    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 plans previously approved by EPA on 
October 2, 2018 (83 FR 38033), May 12, 2003 (68 FR 25413), and February 
20, 2015 (80 FR 9207).
    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 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 final action, 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.
    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 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. The EPA solicited comments on these 
proposed revision to Missouri's SIP published on July 30, 2021 (86 FR 
40977), and received one individual's comment in favor of approval. 
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 2008 8-hour 
ozone 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 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 29, 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, Ozone.


[[Page 54100]]


    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 ``(79)'' 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       EPA approval date        Explanation
           provision             nonattainment area  submittal date
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                                                  * * * * * * *
(79) Revisions to St. Louis      St. Louis Area:         11/12/2019  9/30/2021, [insert  EPA-R07-OAR-2015-0513;
 2008 8-Hour Ozone Maintenance    Missouri counties                   Federal Register    This action replaces
 Plan.                            of Franklin,                        citation].          Maintenance plans for
                                  Jefferson, St.                                          the following ozone
                                  Charles, and St.                                        NAAQS: 1979 1-hour
                                  Louis along with                                        (published in the
                                  the City of St.                                         Federal Register on
                                  Louis.                                                  May 12, 2003), 1997 8-
                                                                                          hour (published in the
                                                                                          Federal Register on
                                                                                          February 20, 2015),
                                                                                          2008 8-hour (published
                                                                                          in the Federal
                                                                                          Register on September
                                                                                          20, 2018).
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[FR Doc. 2021-20974 Filed 9-29-21; 8:45 am]
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