[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Proposed Rules]
[Pages 59075-59084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22746]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2021-0667; FRL-9105-01-R7]


Air Plan Approval; Missouri Redesignation Request and Associated 
Maintenance Plan for the Jackson County 2010 SO2 1-Hour NAAQS 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On February 18, 2021, the State of Missouri submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the Jackson County, Missouri, 2010 1-hour sulfur dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS) 
nonattainment area to attainment and approve a State Implementation 
Plan (SIP) revision containing a maintenance plan for the area. The 
State provided a supplement to the maintenance plan on September 7, 
2021. In response to these submittals, the EPA is proposing to take the 
following actions: Approve the State's plan for maintaining attainment 
of the 2010 1-hour SO2 primary standard in the area; and 
approve the State's request to redesignate the Jackson County 
SO2 nonattainment area to attainment for the 2010 1-hour 
SO2 primary standard. This redesignation action, if 
finalized, will address the EPA's obligation under a consent decree 
which establishes a deadline of March 31, 2022 for the EPA to determine 
under Clean Air Act (CAA) section 179(c) whether the Jackson County 
SO2 nonattainment area attained the NAAQS by the October 4, 
2018 attainment date.

DATES: Comments must be received on or before November 26, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0667 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: Wendy Vit, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7697 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. Have the requirements for approval of a SIP revision been met?
III. What is the background for the EPA's proposed actions?
IV. What are the criteria for redesignation?
V. What is the EPA's analysis of the request?
VI. What are the actions the EPA is proposing to take?
VII. Environmental Justice Concerns
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0667, 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

[[Page 59076]]

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. 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 
February 18, 2021 SIP submittal included a redesignation request and a 
maintenance plan, consisting of a maintenance demonstration based on 
air dispersion modeling, an attainment emissions inventory, contingency 
plan and other required elements. The State provided public notice on 
the February 18, 2021 SIP submittal from November 2, 2020 to December 
10, 2020 and held a public hearing on December 3, 2020. The State 
received and addressed three comments from one source (the EPA). The 
State revised the maintenance plan based on public comment prior to 
submitting to the EPA.
    On September 7, 2021, Missouri submitted a supplement to the 
maintenance plan consisting of a Consent Agreement between Missouri and 
Vicinity Energy--Kansas City (Vicinity, formerly Veolia-Kansas City) 
and an updated air dispersion modeling demonstration to support the 
redesignation. Missouri held a public hearing for this maintenance plan 
supplement on July 29, 2021 and made the supplement available for 
public review and comment from June 28, 2021 through August 5, 2021. 
Missouri did not receive any public comments.
    In addition, as explained in later sections (and in more detail in 
the technical support document (TSD) which is included in the docket 
for this action), the maintenance plan meets the substantive SIP 
requirements of the Clean Air Act (CAA), including section 110 and 
implementing regulations.

III. What is the background for the EPA's proposed actions?

    On June 22, 2010, the EPA revised the primary SO2 NAAQS, 
establishing a new 1-hour standard of 75 parts per billion (ppb).\1\ 
Under the EPA's regulations at 40 CFR part 50, the 2010 1-hour 
SO2 NAAQS is met at a monitoring site when the 3-year 
average of the annual 99th percentile of daily maximum 1-hour average 
concentrations is less than or equal to 75 ppb (based on the rounding 
convention in 40 CFR part 50, appendix T).\2\ Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. A year meets data completeness requirements when all four 
quarters are complete, and a quarter is complete when at least 75 
percent of the sampling days for each quarter have complete data. A 
sampling day has complete data if 75 percent of the hourly 
concentration values, including State-flagged data affected by 
exceptional events which have been approved for exclusion by the 
Administrator, are reported.\3\
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    \1\ See 75 FR 35520 (June 22, 2010).
    \2\ See 40 CFR 50.17.
    \3\ 40 CFR part 50, appendix T, section 3(b).
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    Upon promulgation of a new or revised NAAQS, the CAA requires the 
EPA to designate as nonattainment any area that does not meet (or that 
contributes to ambient air quality in a nearby area that does not meet) 
the NAAQS.\4\ On August 5, 2013, the EPA designated a portion of 
Jackson County, Missouri, as nonattainment in Round 1 of the 
designations for the 2010 1-hour primary SO2 NAAQS, 
effective October 4, 2013.\5\ The designation was based on 2009-2011 
monitoring data from the Troost monitor in Kansas City, Missouri, 
showing violations of the standard (see section V of this document for 
additional monitoring information). This action established an 
attainment date five years after the effective date of designation for 
the Round 1 nonattainment areas for the 2010 SO2 NAAQS 
(i.e., by October 4, 2018). The State was also required to submit a SIP 
for the Jackson County SO2 nonattainment area to the EPA 
that meets the requirements of CAA sections 110, 172(c) and 191-192 
within 18 months following the October 4, 2013, effective date of 
designation (i.e., by April 4, 2015).
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    \4\ CAA section 107(d)(1)(A)(i).
    \5\ 78 FR 47191 (August 5, 2013), codified at 40 CFR 81.326.
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    The State of Missouri submitted the ``Nonattainment Area Plan for 
the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard--
Jackson County Sulfur Dioxide Nonattainment Area'' on October 16, 2015, 
and subsequently withdrew the plan on June 11, 2018, except for the 
baseline emissions inventory.
    On May 4, 2018, the State submitted a request for the EPA to 
determine that the Jackson County SO2 nonattainment area 
attained the 2010 1-hour primary SO2 NAAQS per the EPA's 
Clean Data Policy. The clean data policy represents the EPA's 
interpretation that certain planning-related requirements of part D of 
the Act, such as the attainment demonstration, reasonably available 
control measures (RACM), and reasonable further progress (RFP), are 
suspended for areas that are in fact attaining the NAAQS. A 
determination of attainment, or clean data determination, does not 
constitute a formal redesignation to attainment. If the EPA 
subsequently determines that an area is no longer attaining the 
standard, those requirements that were suspended by the clean data 
determination are once again due.
    On April 15, 2020, the EPA published a notice of proposed 
rulemaking to approve the State's request for a clean data 
determination.\6\ The proposal was based on 2016-2018 monitoring data--
the Troost monitor design value (dv) was 11 parts per billion (ppb)--
and modeling data (2016-2018 actual emissions). After considering 
public comments received, the EPA published a Notice of Final 
Rulemaking (NFRM) approving the State's request for a clean data 
determination in the Federal Register on July 9, 2020.\7\
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    \6\ See 85 FR 20896.
    \7\ See 85 FR 41193.
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    On February 18, 2021, the State submitted a request for 
redesignation of the Jackson County SO2 nonattainment area 
to attainment and a SIP revision containing a 10-year maintenance plan 
for the area. On September 7, 2021, the State submitted a supplement to 
the maintenance plan, including a Consent Agreement with Vicinity and 
an updated modeling demonstration to reflect the new fuel restrictions. 
This proposal document discusses the EPA's review of the redesignation 
request, the maintenance plan, and the supplemental information and 
provides support for the EPA's proposed approval of the maintenance 
plan and request to redesignate the area to attainment. Additional 
analysis of the redesignation request, maintenance plan, consent 
agreement, and supplemental modeling information is provided in a 
Technical Support Document (TSD) included in the docket to this 
proposed rulemaking.\8\
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    \8\ The TSD discusses the EPA's review of some of the CAA 
section 107(d)(3)(E) redesignation criteria: 107(d)(3)(E)(i) a 
determination of attainment;107(d)(3)(E)(iii) a determination that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions; and 107(d)(3)(E)(iv) a fully approved 
maintenance plan per CAA section 175A. The discussion also covers 
some of the submitted maintenance plan's elements: (1) Attainment 
inventory; (2) maintenance demonstration; and (3) continued 
monitoring. The EPA's review of the remaining redesignation and 
maintenance plan criteria are sufficiently addressed in the preamble 
language to this proposed rule.

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[[Page 59077]]

    This redesignation action, if finalized, will address EPA's 
obligation under a consent decree in Center for Biological Diversity, 
et al. v. Regan, which establishes a deadline of March 31, 2022 for the 
EPA to determine under CAA section 179(c) whether the Jackson County 
SO2 nonattainment area attained the NAAQS by the October 4, 
2018 attainment date.\9\ Under the terms of the consent decree, final 
redesignation of the area to attainment before March 31, 2022, would 
automatically terminate the EPA's obligation to make this determination 
under CAA section 179(c).
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    \9\ Center for Biological Diversity, et al. v. Regan, No. 3:20-
cv-05436-EMC (N.D. Cal. June 25, 2021).
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IV. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation of a nonattainment area provided that: (1) The 
Administrator determines that the area has attained the applicable 
NAAQS; (2) the Administrator has fully approved the applicable 
implementation plan for the area under section 110(k); (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable federal air 
pollutant control regulations and other permanent and enforceable 
reductions; (4) the Administrator has fully approved a maintenance plan 
for the area as meeting the requirements of section 175A; and (5) the 
State containing such area has met all requirements applicable to the 
area under section 110 and part D of the CAA.

V. What is the EPA's analysis of the request?

    The EPA's evaluation of Missouri's redesignation request and 
maintenance plan is based on consideration of the five redesignation 
criteria provided under CAA section 107(d)(3)(E) and relevant guidance. 
On April 16, 1992, the EPA provided guidance on redesignation in the 
General Preamble for the Implementation of title I of the CAA 
Amendments of 1990, and the EPA supplemented this guidance on April 28, 
1992.10 11 The EPA has provided further guidance on 
processing redesignation requests in several guidance documents. For 
the purposes of this action, the EPA will be referencing two of these 
documents: (1) The September 4, 1992 memo ``Procedures for Processing 
Requests to Redesignate Areas to Attainment'' (Calcagni Memo); and (2) 
the EPA's April 23, 2014 memorandum ``Guidance for 1-Hour 
SO2 Nonattainment Area SIP Submissions'' (2014 
SO2 Guidance).\12\
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    \10\ See 57 FR 13498.
    \11\ See 57 FR 18070.
    \12\ https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.
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Criterion (1)--The Jackson County SO2 Nonattainment Area Has Attained 
the 2010 1-Hour SO2 NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires the EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). The EPA determined that the area 
attained the 2010 1-hour SO2 NAAQS in its July 2020 NFRM 
approving the State's request for a clean data determination meeting 
the requirements of CAA section 107(d)(3)(E)(i). That determination was 
primarily based on monitoring data and a modeling analysis of recent 
actual emissions for sources in and around the nonattainment area. As 
described further in the TSD for this action, the February 2021 
maintenance plan, as well as the September 2021 supplemental 
maintenance plan information, are based on modeling demonstrations of 
permanent and enforceable emissions for sources in the nonattainment 
area that demonstrate the area is attaining the standard. Therefore, 
the EPA's 2020 determination that the area had achieved clean data is 
consistent with the proposed action to redesignate the area.
    For this proposal, the EPA reviewed quality assured monitoring data 
recorded in the EPA's Air Quality System (AQS) from the Troost 
monitoring station. The 3-year, 2018-2020 design value for the Troost 
monitor is 7 ppb, which continues to meet the 2010 1-hour 
SO2 NAAQS, as shown in Table 1. If the 3-year design value 
violates the NAAQS prior to the EPA acting in response to the State's 
request, the EPA will not take final action to approve the 
redesignation request.\13\ As discussed in more detail later in this 
section, Missouri has committed to continue monitoring in this area in 
accordance with 40 CFR part 58.
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    \13\ See 2014 SO2 Guidance, at page 56.

             Table 1--2015-2020 Troost Street Monitor Data (Parts per Billion (ppb)); 99th Percentile (99th %) and 3-Year Design Value (dv)
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                                                          2015     2016     2017     2018     2019     2020   2015-2017  2016-2018  2017-2019  2018-2020
                         Site                            99th %   99th %   99th %   99th %   99th %   99th %      dv         dv         dv         dv
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Troost................................................      142      9.4     18.4      6.1      6.5      7.1        57         11         10          7
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Criterion (2)--Missouri Has a Fully Approved SIP Under Section 110(k); 
and Criterion (5)--Missouri Has Met All Applicable Requirements Under 
Section 110 and Part D of Title I of the CAA

    For redesignating a nonattainment area to attainment under a NAAQS, 
the CAA requires the EPA to determine that the State has met all 
applicable requirements for that NAAQS under section 110 and part D of 
title I of the CAA (CAA section 107(d)(3)(E)(v)) and that the State has 
a fully approved SIP under section 110(k) for that NAAQS for the area 
(CAA section 107(d)(3)(E)(ii)). The EPA proposes to find that Missouri 
has met all applicable SIP requirements for purposes of redesignation 
for the Jackson County SO2 nonattainment area under section 
110 of the CAA (general SIP requirements). Additionally, the EPA 
proposes to find that the Missouri SIP satisfies the criterion that it 
meets applicable SIP requirements for purposes of redesignation under 
part D of title I of the CAA in accordance with section 
107(d)(3)(E)(v). Further, the EPA proposes to determine that the SIP is 
fully approved with respect to all requirements applicable for the 2010 
1-hour SO2 NAAQS for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). In proposing to make these 
determinations, the EPA ascertained which requirements are applicable 
to the Jackson County SO2 nonattainment area and, if 
applicable,

[[Page 59078]]

that they are fully approved under section 110(k).
a. The Jackson County SO2 Nonattainment Area Has Met All 
Applicable Requirements Under Section 110 and Part D of the CAA
    General SIP requirements. General SIP elements and requirements are 
delineated in section 110(a)(2) of title I, part A of the CAA. These 
requirements include, but are not limited to, the following: Submittal 
of a SIP that has been adopted by the State after reasonable public 
notice and hearing; provisions for establishment and operation of 
appropriate procedures needed to monitor ambient air quality; 
implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (New Source Review (NSR) permit programs); provisions for 
air pollution modeling; and provisions for public and local agency 
participation in planning and emissions control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a State from significantly contributing to air 
quality problems in another State. To implement this provision, the EPA 
has required certain States to establish programs to address the 
interstate transport of air pollutants. The section 110(a)(2)(D) 
requirements for a State are not linked with a nonattainment area's 
designation and classification in that State. The EPA has determined 
that the requirements linked with a nonattainment area's designation 
and classifications are the relevant measures to evaluate in reviewing 
a redesignation request. The transport SIP submittal requirements, 
where applicable, continue to apply to a State regardless of the 
designation of any one area in the State. Thus, the EPA does not 
believe that the CAA's interstate transport requirements should be 
construed to be applicable requirements for purposes of redesignation.
    In addition, the EPA has determined that other section 110 elements 
that are neither connected with nonattainment plan submissions nor 
linked with an area's attainment status are not applicable requirements 
for purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements which are linked with an area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with the EPA's 
existing policy on applicability (i.e., for redesignations) of 
conformity and oxygenated fuels requirements, as well as with section 
184 ozone transport requirements.\14\
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    \14\ See Reading, Pennsylvania, proposed and final rulemakings 
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 2008); 
Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, May 
7,1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in 
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 
19, 2001).
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    Title I, part D, applicable SIP requirements. Section 172(c) of the 
CAA sets forth the basic requirements of attainment plans for 
nonattainment areas that are required to submit them pursuant to 
section 172(b). Subpart 5 of part D, which includes section 191 and 192 
of the CAA, establishes requirements for SO2, nitrogen 
dioxide and lead nonattainment areas. A thorough discussion of the 
requirements contained in section 172(c) can be found in the General 
Preamble for Implementation of Title I.\15\
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    \15\ See 57 FR 13498.
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    Section 172 and subpart 5 requirements. Section 172(c)(1) requires 
the plans for all nonattainment areas to provide for the implementation 
of all RACM as expeditiously as practicable and to provide for 
attainment of the NAAQS. The EPA interprets this requirement to impose 
a duty on all nonattainment areas to consider all available control 
measures and to adopt and implement such measures as are reasonably 
available for implementation in each area as components of the area's 
attainment demonstration. Under section 172, States with nonattainment 
areas must submit plans providing for timely attainment and meeting a 
variety of other requirements.
    The EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not ``applicable'' for purposes of CAA 
section 107(d)(3)(E)(ii) and (v) and therefore need not be approved 
into the SIP before the EPA can redesignate the area. In the 1992 
General Preamble for Implementation of Title I, the EPA set forth its 
interpretation of applicable requirements for purposes of evaluating 
redesignation requests when an area is attaining a standard.\16\ The 
EPA noted that the requirements for RFP and other measures designed to 
provide for attainment do not apply in evaluating redesignation 
requests because those nonattainment planning requirements ``have no 
meaning'' for an area that has already attained the standard.\17\ This 
interpretation was also set forth in the Calcagni Memo. The EPA's 
interpretation of section 172 also forms the basis of its Clean Data 
Policy, which was articulated with regard to the 2010 1-hour 
SO2 NAAQS in the EPA's 2014 SO2 Guidance, and 
suspends a State's obligation to submit most of the attainment planning 
requirements that would otherwise apply, including an attainment 
demonstration and planning SIPs to provide for RFP, RACM, and 
contingency measures under section 172(c)(9). Courts have upheld the 
EPA's interpretation of section 172(c)(1) for ``reasonably available'' 
control measures and control technology as meaning only those controls 
that advance attainment, which precludes the need to require additional 
measures where an area is already attaining.\18\
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    \16\ See 57 FR 13498, 13564.
    \17\ Id.
    \18\ NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009); Sierra 
Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra Club v. EPA, 
314 F.3d 735, 744 (5th Cir. 2002); Sierra Club v. EPA, 375 F.3d 537 
(7th Cir. 2004). But see Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 
2015).
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    Therefore, because the Jackson County SO2 nonattainment 
area is currently attaining the 2010 1-hour SO2 NAAQS, no 
additional measures are needed to provide for attainment, and section 
172(c)(1) requirements for an attainment demonstration and RACM are not 
part of the ``applicable implementation plan'' required to have been 
approved prior to redesignation per CAA section 107(d)(3)(E)(ii) and 
(v). The other section 172 requirements that are designed to help an 
area achieve attainment--the section 172(c)(2) requirement that 
nonattainment plans contain provisions promoting reasonable further 
progress, the requirement to submit the section 172(c)(9) contingency 
measures, and the section 172(c)(6) requirement for the SIP to contain 
control measures necessary to provide for attainment of the NAAQS--are 
also not required to be approved as part of the ``applicable 
implementation plan'' for purposes of satisfying CAA section 
107(d)(3)(E)(ii) and (v).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. The 
requirement for an emissions inventory can be satisfied by meeting the 
inventory requirements of the maintenance plan.\19\ However, when the 
State withdrew its attainment plan for the area in June 2018, it did 
not withdraw the baseline emissions inventory submitted with that plan. 
On November 23, 2018, the EPA published a notice of proposed rulemaking 
in the

[[Page 59079]]

Federal Register proposing to approve that the State met the section 
172(c)(3) requirement to submit an emissions inventory for the Jackson 
County SO2 nonattainment area.\20\ On February 13, 2019, the 
EPA published a final rulemaking in the Federal Register approving the 
State's emissions inventory for the Jackson County SO2 
nonattainment area.\21\
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    \19\ Calcagni Memo at 6.
    \20\ See 83 FR 59348.
    \21\ See 84 FR 3703.
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    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. The State has an approved 
nonattainment NSR program.\22\ Regardless, the State has demonstrated 
that the Jackson County SO2 nonattainment area will be able 
to maintain the NAAQS as its Prevention of Significant Deterioration 
(PSD) program will remain in effect upon redesignation to attainment.
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    \22\ See 81 FR 70025 (October 11, 2016).
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    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, the EPA proposes to 
find that the Missouri SIP meets the requirements of section 110(a)(2) 
applicable for purposes of redesignation.
    Section 176 conformity requirements. Section 176(c) of the CAA 
requires States to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs, and projects that 
are developed, funded, or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with federal conformity regulations relating to 
consultation, enforcement, and enforceability that the EPA promulgated 
pursuant to its authority under the CAA.
    Missouri has an approved general conformity SIP.\23\ Moreover, the 
EPA interprets the conformity SIP requirements as not applying for 
purposes of evaluating a redesignation request under section 107(d) 
because, like other requirements listed above, State conformity rules 
are still required after redesignation and federal conformity rules 
apply where State rules have not been approved.\24\
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    \23\ See 78 FR 57267 (September 18, 2013).
    \24\ See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding 
this interpretation); see also 60 FR 62748 (December 7, 1995) 
(redesignation of Tampa, Florida).
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    As noted in the 2014 SO2 Guidance, transportation 
conformity is required under CAA section 176(c) to ensure that 
federally supported highway and transit project activities are 
consistent with (``conform to'') the purpose of the SIP. Transportation 
conformity applies to areas that are designated nonattainment, and 
those areas redesignated to attainment (``maintenance areas'' with 
plans developed under CAA section l75A) for transportation-related 
criteria pollutants. Due to the relatively small, and decreasing, 
amounts of sulfur in gasoline and on-road diesel fuel, the EPA's 
conformity rules provide that they do not apply to SO2 
unless either the EPA Regional Administrator or the director of the 
State air agency has found that transportation-related emissions of 
SO2 as a precursor are a significant contributor to a 
PM2.5 nonattainment problem, or if the SIP has established 
an approved or adequate budget for such emissions as part of the RFP, 
attainment or maintenance strategy.\25\ Neither the EPA nor Missouri 
has made such a finding for transportation related emissions of 
SO2 for the Jackson County SO2 nonattainment 
area.
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    \25\ See 40 CFR 93.102(b)(1), (2)(v).
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    For these reasons, the EPA proposes to find that Missouri has 
satisfied all applicable requirements for purposes of redesignation of 
the Jackson County SO2 nonattainment area under section 110 
and part D of title I of the CAA.

b. The Jackson County SO2 Nonattainment Area Has a Fully Approved 
Applicable SIP Under Section 110(k) of the CAA

    The EPA has fully approved the applicable Missouri SIP for the 
Jackson County SO2 nonattainment area under section 110(k) 
of the CAA for all requirements applicable for purposes of 
redesignation. As indicated above, the EPA has determined that the 
section 110 elements that are neither connected with nonattainment plan 
submissions nor linked to an area's attainment status are not 
applicable requirements for purposes of redesignation. The EPA has 
approved all part D requirements applicable under the 2010 
SO2 NAAQS, as identified above, for purposes of this 
redesignation.

Criterion (3)--The Air Quality Improvement in the Jackson County SO2 
Nonattainment Area Is Due to Permanent and Enforceable Reductions in 
Emissions

    For redesignating a nonattainment area to attainment, the CAA 
requires the EPA to determine that the air quality improvement in the 
area is due to permanent and enforceable reductions in emissions 
resulting from implementation of the SIP, applicable federal air 
pollution control regulations, and other permanent and enforceable 
reductions (CAA section 107(d)(3)(E)(iii)). The EPA proposes to find 
that Missouri has demonstrated that the observed air quality 
improvement in the Jackson County SO2 nonattainment area is 
due to permanent and enforceable reductions in emissions.
    Specifically, the EPA considers the fuel switch at Vicinity from 
the combustion of coal to natural gas to be permanent and enforceable. 
In 2016, Missouri issued a construction permit to Vicinity (formerly 
Veolia) that included a condition to exclusively burn natural gas in 
boilers 1A, 6, and 8. In addition, Vicinity's Title V operating permit 
contains a condition that limits boiler 7 to combusting natural gas 
only. Missouri could have submitted these permits to the EPA for 
inclusion in the SIP to make these federally enforceable conditions 
permanent, but Missouri has elected to enter into a Consent Agreement 
with Vicinity and submit that Consent Agreement for approval into the 
SIP as Appendix 1 of the September 2021 supplement to the maintenance 
plan. This will also make the Consent Agreement federally enforceable. 
The Consent Agreement prohibits Vicinity from combusting coal in 
boilers 1A, 6, 7 and 8. It also allows Vicinity to utilize natural gas, 
ultra-low sulfur diesel (ULSD) containing no more than 15 parts per 
million (ppm) sulfur by volume, biofuel containing no more than 15 ppm 
sulfur by volume, or a blend of biofuel and ULSD containing no more 
than 15 ppm sulfur by volume, as long as the facility obtains any 
necessary air permits in the future. While the Consent Agreement may be 
terminated under state law by mutual agreement by both parties at the 
current time, this action, once finalized, would approve that Agreement 
into the SIP. At that point the requirements of the Consent Agreement 
would be permanent and federally enforceable and would remain 
applicable until Missouri submits a SIP revision and the EPA approves 
that revision. That revision would be subject to CAA

[[Page 59080]]

section 110(l), i.e., the state must demonstrate that the revision 
would not interfere with the attainment or maintenance of any NAAQS.
    Vicinity transitioned to natural gas beginning in 2016 and ceased 
burning coal completely in 2017, which significantly reduced its 
SO2 emissions and impacts on the Troost monitor. The Troost 
monitor came into compliance with the 2010 1-hour SO2 
standard during 2015-2017 following Vicinity's cessation of coal 
burning, and the monitor has remained in compliance since that time. 
Given the well-established correlation of much lower SO2 
emissions and SO2 concentrations at the Troost monitor after 
Vicinity ceased burning coal, the EPA anticipates that the 2010 1-hour 
SO2 NAAQS will continue to be attained. See Table 1 for 
recent monitoring data trends at this monitor.
    The State's initial modeling demonstration in the February 2021 
maintenance plan assumed that Vicinity burns natural gas in boilers 1A, 
6 and 8 and fuel oil with a sulfur content of 100 ppm in boiler 7. 
Boiler 7 was not modeled as running on natural gas because the natural 
gas requirement for Boiler 7 is only found in Vicinity's operating 
permit, which would not be considered permanent since Title V permits 
are only effective for five years and therefore must be renewed every 
five years. In the September 2021 maintenance plan supplement, the 
State updated the modeling demonstration based on the provision of the 
Consent Agreement allowing Vicinity to burn ULSD with a sulfur content 
of 15 ppm in all four of its boilers. Both the initial maintenance plan 
modeling demonstration and the updated modeling demonstration submitted 
with the maintenance plan supplement show compliance with the 2010 
SO2 standard throughout the entire Jackson County 
nonattainment area.
    In addition to the Vicinity facility, the State explicitly modeled 
all permitted emission sources inside the nonattainment area based on 
assuming continuous operation at their maximum permitted emission 
levels for the five-year period from 2014-2018. These are the same 
sources located in the nonattainment area that were included in the 
clean data determination modeling analysis for the Jackson County 
SO2 nonattainment area. The State also explicitly modeled 
two sources located outside the nonattainment area: The Evergy-Hawthorn 
power plant (Hawthorn) and the Ingredion facility, which produces 
modified corn starches and other food ingredients. Hawthorn was modeled 
as a nearby source per the EPA guidelines listed in Table 8.1 of 40 CFR 
part 51, appendix W, which states that nearby sources should be modeled 
based on their allowable emission rate, with adjustments to reflect 
actual operational levels. Ingredion was modeled at its maximum 
allowable emission rate, which is the same method used for all 
permitted sources located inside the nonattainment area. The only 
difference between the initial modeling demonstration submitted with 
the February 2021 maintenance plan and the September 2021 updated 
modeling demonstration is the derivation of Vicinity's emission rates 
as described above.
    The EPA is proposing to find that the modeling results demonstrate 
attainment and continued maintenance of the NAAQS and that the air 
quality improvement in the Jackson County SO2 nonattainment 
area is due to permanent and enforceable reductions in emissions. 
Please see the TSD for details of the modeling inputs and additional 
discussion of the air quality modeling. The input files used in the 
modeling demonstration are available by request from the contact listed 
in the FOR FURTHER INFORMATION CONTACT section of this document.

Criterion (4)--The Jackson County SO2 Nonattainment Area Has a Fully 
Approved Maintenance Plan Pursuant to Section 175A of the CAA

    To redesignate a nonattainment area to attainment, the CAA requires 
the EPA to determine that the area has a fully approved maintenance 
plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Jackson County SO2 nonattainment area to attainment for the 
2010 1-hour SO2 NAAQS, the State submitted a SIP revision to 
provide for the maintenance of the 2010 1-hour SO2 NAAQS for 
at least 10 years after the effective date of redesignation to 
attainment. The EPA is proposing to find that this maintenance plan for 
the area meets the requirements for approval under section 175A of the 
CAA.
a. What is required in a maintenance plan?
    CAA section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least 10 years after the Administrator approves 
a redesignation request to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain 
contingency measures as the EPA deems necessary to assure prompt 
correction of any future 2010 1-hour SO2 violations. The 
Calcagni Memo provides further guidance on the content of a maintenance 
plan, explaining that a maintenance plan should address five 
requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. As is discussed more fully later in this section, the 
EPA is proposing to determine that Missouri's maintenance plan includes 
all the necessary components and is thus proposing to approve it as a 
revision to the Missouri SIP.
b. Attainment Emissions Inventory
    As part of a State's maintenance plan, the air agency should 
develop an attainment inventory to identify the level of emissions in 
the affected area which is enough to attain and maintain the 
SO2 NAAQS.\26\ The EPA is proposing to approve that Missouri 
has met this requirement through modeling of permanent and enforceable 
emission limits that will result in continued attainment and 
maintenance of the NAAQS. Missouri also provided emissions inventories 
as part of the maintenance plan. Specifically, Missouri selected 2017 
as the attainment emissions inventory year for developing an emissions 
inventory for SO2 in the nonattainment area through the 10-
year maintenance period. Please see the TSD included in the docket for 
this action for details of the base year and attainment year emissions 
inventories and the EPA's review of these inventories. The TSD also 
details the EPA's review of the modeling demonstration provided by 
Missouri which forms the basis for the EPA's approval of this 
maintenance plan requirement.
---------------------------------------------------------------------------

    \26\ See 2014 SO2 Guidance, at page 66.
---------------------------------------------------------------------------

c. Maintenance Demonstration
    The Calcagni memo describes two ways for a State to demonstrate 
maintenance of the NAAQS for a period of at least 10 years following 
the redesignation of the area: (1) The State can show that future 
emissions of a pollutant will not exceed the level of the attainment 
inventory, or (2) the State

[[Page 59081]]

can model to show that the future mix of sources and emission rates 
will not cause a violation of the standard. The memo goes on to say 
that areas that are required to model to demonstrate attainment of the 
standard should complete the same level of modeling to demonstrate that 
the permanent and enforceable emissions are enough to maintain the 
standard. The State performed several modeling iterations to 
demonstrate that the standard will be maintained. In its February 2021, 
and September 2021, supplemental modeling, Missouri has demonstrated 
maintenance by modeling all sources inside of the nonattainment area at 
their permanent, enforceable, allowable emission rates; nearby sources 
at their permanent, enforceable, allowable emission rates (with actual 
operating conditions for 2014-2018 for the Hawthorn power plant); and 
other sources addressed through the use of a background concentration. 
The EPA proposes that the supplemental modeling provided by Missouri 
demonstrates the standard will be attained and maintained for at least 
10 years following redesignation of the area, consistent with the 
second method outlined in the Calcagni memo by which a State may 
demonstrate maintenance of the NAAQS. Please see the TSD for details of 
the modeling inputs, results and the EPA's review of them. The EPA is 
proposing to approve Missouri's maintenance plan including the 
supplemental modeling as meeting the maintenance demonstration 
requirement.
d. Monitoring Network
    Missouri has committed to continue operating the ``appropriate 
SO2 network in the Jackson County nonattainment area'' in 
accordance with the requirements of 40 CFR part 58, and approved annual 
monitoring network plans, to verify the attainment status of the area. 
The State committed to quality assure the data in accordance with 40 
CFR part 58 and submit the data to the EPA's air quality system (AQS). 
The maintenance plan, consistent with the State's 2020 annual ambient 
monitoring network plan, indicate that the Troost monitor is the only 
State and Local Air Monitoring Station (SLAMS) or SLAMS-like monitor 
operational in the nonattainment area.\27\
---------------------------------------------------------------------------

    \27\ See Missouri's 2020 Ambient Monitoring Network Plan 
contained in the docket for this action.
---------------------------------------------------------------------------

e. Verification of Continued Attainment
    Each air agency should ensure that it has the legal authority to 
implement and enforce all measures necessary to attain and maintain the 
2010 SO2 NAAQS. The air agency's submittal should indicate 
how it will track the progress of the maintenance plan for the area 
either through air quality monitoring or modeling.\28\
---------------------------------------------------------------------------

    \28\ See 2014 SO2 Guidance at pages 67-68.
---------------------------------------------------------------------------

    Missouri has the legal authority to enforce and implement the 
maintenance plan for the Jackson County 2010 SO2 
nonattainment area. This includes the authority to adopt, implement, 
and enforce any subsequent emissions control contingency measures 
determined to be necessary to correct future SO2 attainment 
problems.\29\ As noted, the State will track the progress of the 
maintenance plan by continuing to operate the Troost monitor. 
Additionally, the State committed to provide future inventory updates 
to track emissions during the 10-year maintenance period. State 
Regulation 10 CSR 10-6.110, Reporting Emission Data, Emission Fees, and 
Process Information, (which is SIP approved) requires that all 
installations with a construction or operating permit report its annual 
emissions to the State. The methods for calculating and reporting 
emissions are detailed in each installation's applicable permit. The 
data collected on emissions inventory questionnaires from permitted 
sources form the basis of the point source emissions inventory that is 
compiled annually.\30\ In addition, in compliance with the EPA's Air 
Emissions Reporting Requirements [80 FR 8787], Missouri develops a 
comprehensive emissions inventory of point, area, and mobile sources 
every 3 years. This triennial inventory compiled by the State is 
contained in the EPA's national emissions inventory (NEI) which is made 
publicly available every 3 years. For these reasons, the EPA is 
proposing to find that Missouri's maintenance plan meets the 
``Verification of Continued Attainment'' requirement.
---------------------------------------------------------------------------

    \29\ The EPA last determined that Missouri's SIP was sufficient 
to meet the requirements of section 110(a)(2)(E)(i) of the CAA on 
March 22, 2018 (83 FR 12496).
    \30\ This information is available to the EPA or members of the 
public upon request from the State of Missouri.
---------------------------------------------------------------------------

f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as the EPA deems necessary to assure that the 
State will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the State. A State 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must also include a requirement that a State will implement all 
measures with respect to control of the pollutant that were contained 
in the SIP before redesignation of the area to attainment in accordance 
with section 175A(d).
    The contingency plan includes a triggering mechanism to determine 
when contingency measures are needed and a process of developing and 
implementing appropriate control measures. The triggering mechanisms 
contained in the maintenance plan are based on monitoring data from the 
Troost monitor. The EPA proposes to find it appropriate to rely on 
monitoring data to trigger the contingency plan because the Troost 
monitor is being relied upon to demonstrate continued maintenance in 
the area as discussed in the Monitoring Network section of this 
document.
    The State listed two types of triggers of its contingency plan. The 
first, a ``warning level response,'' will be triggered by a 99th 
percentile of daily maximum 1-hour average SO2 
concentrations greater than 90 ppb in a single calendar year in the 
Jackson County maintenance area. The second, an ``action level 
response,'' will be triggered if a violation of the NAAQS is recorded 
in the Jackson County maintenance area, specifically if the 3-year 
average of annual 99th percentile daily maximum 1-hour concentrations 
is 76 ppb or higher.
    If the warning level response is triggered, a study must be 
completed to determine whether the monitored SO2 value 
indicates a trend toward higher concentrations in the Jackson County 
maintenance area. Specifically, the study will evaluate whether 
emissions appear to be increasing and whether control measures are 
needed to reverse the trend. The study shall be completed as 
expeditiously as possible, but no later than 12 months after the State 
has determined that a warning level response has been triggered. Any 
necessary control measures would be implemented within 24 months of the 
submission of certified monitoring data triggering the warning level 
response.
    If the action level response is triggered and is not due to an 
exceptional event as defined at 40 CFR 50.1(j), measures to address the 
violation shall be implemented as expeditiously as possible, but no 
later than 24 months after quality-assured

[[Page 59082]]

ambient data has been entered into the AQS database indicating that 
this trigger has occurred. If the exceedance is not due to an 
exceptional event, malfunction, or noncompliance with a permit 
condition or rule requirement, the State will conduct a study to 
determine additional control measures needed to return the area to 
attainment of the 2010 SO2 standard. The study will be 
completed within six months following the action-level trigger. The 
study would identify local sources causing the elevated SO2 
concentrations and address the issue through potential contingency 
measures including new SO2 emission control requirements, 
fuel-switching requirements, stack reconfigurations, or new operating 
limits imposed through permit conditions, consent agreements or rules. 
Another contingency measure option is the implementation of partial or 
full nonattainment NSR permitting for new or modified major sources of 
SO2 in the Jackson County SO2 nonattainment area. 
The State would implement the selected contingency measures as 
expeditiously as practicable, but not later than 24 months after an 
action-level trigger has occurred.
    The EPA is proposing to find that Missouri's maintenance plan meets 
the ``Contingency Measures'' requirement.
    The EPA proposes to conclude that the maintenance plan adequately 
addresses the five basic components of a maintenance plan: The 
attainment emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. 
Therefore, the EPA proposes to find that the maintenance plan SIP 
revision submitted by Missouri for the Jackson County 2010 
SO2 nonattainment area meets the requirements of section 
175A of the CAA and proposes to approve the plan.

VI. What are the actions the EPA is proposing to take?

    The EPA is proposing to approve the maintenance plan for the 
Jackson County 2010 SO2 1-hour NAAQS nonattainment area into 
the Missouri SIP (as compliant with CAA section 175A). The maintenance 
plan demonstrates that the area will continue to maintain the 2010 1-
hour SO2 NAAQS and includes a process to select identified 
potential contingency measures to remedy any future violations of the 
2010 1-hour SO2 NAAQS and procedures for evaluation of 
potential violations.
    Additionally, the EPA is proposing to determine that the Jackson 
County 2010 SO2 1-hour NAAQS nonattainment area has met the 
criteria under CAA section 107(d)(3)(E) for redesignation from 
nonattainment to attainment for the 2010 1-hour SO2 NAAQS. 
On this basis, the EPA is proposing to approve Missouri's redesignation 
request for the area. Final approval of Missouri's redesignation 
request would change the legal designation of the portion of Jackson 
County designated nonattainment at 40 CFR part 81 to attainment for the 
2010 1-hour SO2 NAAQS.

VII. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either nonattainment, 
attainment, or unclassifiable. Area designations address environmental 
justice concerns by ensuring that the public is properly informed about 
the air quality in an area. If an area is designated nonattainment of 
the NAAQS, the CAA provides for the EPA to redesignate the area to 
attainment upon a demonstration by the state authority that air quality 
is attaining the NAAQS and will continue to maintain the NAAQS in order 
to ensure that all those residing, working, attending school, or 
otherwise present in those areas are protected, regardless of minority 
and economic status. This action addresses a redesignation 
determination for the Jackson County, Missouri area. Under CAA section 
107(d)(3), the redesignation of an area to attainment/unclassifiable is 
an action that affects the status of a geographical area and does not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. As discussed in this document and the associated 
technical support document, Missouri has demonstrated that the air 
quality in the Jackson County area is attaining the NAAQS and will 
continue to maintain the NAAQS. Therefore, this proposed action does 
not result in disproportionately high and adverse human health or 
environmental effects on minority populations, low-income populations 
and/or indigenous peoples.

VIII. Incorporation by Reference

    In this document, the EPA is proposing to amend regulatory text 
that includes incorporation by reference. In accordance with the 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the Missouri State Implementation Plan described in the 
proposed amendments to 40 CFR part 52 set forth below. The EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and at the EPA Region 7 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

IX. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), redesignation of an area to 
attainment and the accompanying approval of a maintenance plan are 
actions that affect the status of a geographical area and do not impose 
additional regulatory requirements on sources beyond those imposed by 
State law. A redesignation to attainment does not in and of itself 
create any new requirements, but rather results in the applicability of 
requirements contained in the CAA for areas that have been redesignated 
to attainment. Moreover, 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, 
if they meet the criteria of the CAA. Accordingly, these actions merely 
approve State law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by State law. For these 
reasons, 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

[[Page 59083]]

     This action does not have disproportionately high and 
adverse human health or environmental effects on minority populations, 
low-income populations and/or indigenous peoples, as specified in 
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for 
this determination is contained in Section VII of this action, 
``Environmental Justice Concerns.''
    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).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Maintenance plan, Redesignation, Sulfur oxides.

40 CFR Part 81

    Environmental protection, Air pollution control, Designations, 
Intergovernmental relations, Redesignation, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: October 12, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR parts 52 and 81 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:
0
a. The table in paragraph (d), as proposed to be amended at 86 FR 
34177, June 29, 2021, is further amended by adding the entry ``(35)'' 
in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(81)'' 
in numerical order.
    The additions read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                     Order/permit      State effective
         Name of source                 number               date         EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(35) Vicinity Energy-Kansas City  Consent Agreement   6/25/2021........  [Date of            ...................
                                   No. APCP-2021-007.                     publication of
                                                                          the final rule in
                                                                          the Federal
                                                                          Register],
                                                                          [Federal Register
                                                                          citation of the
                                                                          final rule].
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
   Name of nonregulatory SIP     Applicable geographic                          EPA approval
           revision              or nonattainment area  State submittal date        date           Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(81) Jackson County 1-hour SO2  Jackson County........  2/18/2021; 9/7/2021.  [Date of          This action
 NAAQS Maintenance Plan and                                                    publication of    approves the
 Maintenance Plan Supplement.                                                  the final rule    Maintenance
                                                                               in the Federal    Plan and the
                                                                               Register],        Maintenance
                                                                               [Federal          Plan Supplement
                                                                               Register          for the Jackson
                                                                               citation of the   County area.
                                                                               final rule].
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  52.1343, add paragraph (c) to read as follows:


Sec.  52.1343  Control strategy: Sulfur dioxide.

* * * * *
    (c) Redesignation to attainment. As of [date 30 days after 
publication of the final rule in the Federal Register], the Jackson 
County 2010 SO2 nonattainment area is redesignated to 
attainment of the 2010 SO2 1-hour National Ambient Air 
Quality Standard (NAAQS) in accordance with the requirements of Clean 
Air Act (CAA) section 107(d)(3) and EPA has approved its maintenance 
plan and maintenance plan supplement as meeting the requirements of CAA 
section 175A.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

0
5. In Sec.  81.326, revise the entry ``Jackson County, MO'' in the 
table entitled ``Missouri--2010 Sulfur Dioxide NAAQS [Primary]'' to 
read as follows:


Sec.  81.326  Missouri.

* * * * *

[[Page 59084]]



                   Missouri--2010 Sulfur Dioxide NAAQS
                                [Primary]
------------------------------------------------------------------------
                                                Designation
       Designated area \1\       ---------------------------------------
                                       Date \2\              Type
------------------------------------------------------------------------
Jackson County, MO..............  [Date 30 days      Attainment.
                                   after date of
                                   publication of
                                   the final rule
                                   in the Federal
                                   Register].
    Jackson County (part)
        The portion of Jackson
         County bounded by I-70/
         I-670 and the Missouri
         River to the north;
         and, to the west of I-
         435 to the state line
         separating Missouri and
         Kansas.
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise
  specified. EPA is not determining the boundaries of any area of Indian
  country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in
  the designation area is not a determination that the state has
  regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.


* * * * *
[FR Doc. 2021-22746 Filed 10-25-21; 8:45 am]
BILLING CODE 6560-50-P