[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7885-7886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02310]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0880; FRL-10388-02-R7]


Air Plan Approval; MO; Marginal Nonattainment Plan for the St. 
Louis Area for the 2015 8-Hour Ozone Standard

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 Missouri Department of Natural Resources (MoDNR) on September 8, 
2021, and supplemented on April 8, 2022, as meeting the Marginal 
nonattainment area requirements for the 2015 8-hour ozone National 
Ambient Air Quality Standard (NAAQS or standard) for the Missouri 
portion of the St. Louis, MO-IL nonattainment area (``St. Louis area'' 
or ``area''). The EPA is taking this action pursuant to the Clean Air 
Act (CAA or Act).

DATES: This final rule is effective on March 9, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0880. All documents in the docket are 
listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., 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 www.regulations.gov or 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7629; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean 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. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    On December 6, 2022, EPA proposed to approve a SIP revision 
submitted by the MoDNR on September 8, 2021, and supplemented on April 
8, 2022, as meeting the Marginal nonattainment area requirements of CAA 
sections 172(c) and 182(a) for the 2015 8-hour ozone NAAQS for the 
Missouri portion of the St. Louis, MO-IL nonattainment area (87 FR 
74573). The background and supporting information for our proposed 
approval are stated in the proposed action (87 FR 74573, December 6, 
2022) and are not restated here. The public comment period for our 
proposed approval ended on January 6, 2022. During the public comment 
period, EPA received no comments.

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 
State provided public notice on the September 8, 2021, SIP revision 
from April 26, 2021, to June 3, 2021, and held a public hearing on May 
27, 2021. During the public comment period, the State received three 
comments from the EPA. The State responds to the comments in its 
submittal and made changes to the plan as a result of the comments. The 
State provided public notice on the April 8, 2022, SIP revision from 
December 27, 2021, to February 3, 2022, and held a public hearing on 
January 27, 2022. During the public comment period, the State received 
comments from various entities. The State addressed the comments in its 
submittal. Comments received on the April 8, 2022, submittal were not 
related to the updated 2017 nonattainment base year emissions 
inventory. In addition, as explained in the proposed rule, the revision 
meets the substantive SIP requirements of the CAA and implementing 
regulations.

III. What action is the EPA taking?

    The EPA is taking final action to approve a SIP revision submitted 
by the MoDNR on September 8, 2021, and supplemented on April 8, 2022, 
as meeting the Marginal nonattainment area requirements of CAA section 
182(a) for the 2015 8-hour ozone NAAQS for the Missouri portion of the 
St. Louis area. The EPA published the associated proposed rule on 
December 6, 2022 and received no comments during the public comment 
period (87 FR 74573).

IV. Environmental Justice Considerations

    While EPA did not perform an area-specific environmental justice 
analysis for purposes of this action, due to the nature of the action 
being taken here, i.e. to merely approve emissions inventories and 
certifications regarding Missouri's fully approved permitting program 
as meeting the relevant plan requirements for Marginal nonattainment 
areas, as explained in the proposed rule, this action is expected to 
have no impact on air quality. For these reasons, this action is not 
expected to have a disproportionately high or adverse human health or 
environmental effects on a particular group of people.

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);

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     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
     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 VI of this action, 
``Environmental Justice Considerations.''
     In addition, the SIP is not approved to apply on any 
Indian reservation land or in any other area where EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
     This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. This action is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
     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 April 10, 2023. 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, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: January 30, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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 ``(85)'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved 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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                                                  * * * * * * *
(85) Marginal Plan for the St.    St. Louis Area:     9/8/2021, 4/8/2022  2/7/2023, [insert   This action
 Louis 2015 8-Hour Ozone           Missouri counties                       Federal Register    approves the
 Nonattainment Area.               of Jefferson, St.                       citation].          Marginal
                                   Charles, and St.                                            nonattainment
                                   Louis along with                                            area plan for the
                                   the City of St.                                             St. Louis Area
                                   Louis and Boles                                             for the 2015 8-
                                   Township in                                                 hour Ozone NAAQS
                                   Franklin County.                                            [EPA-R07-OAR-2022
                                                                                               -0880; FRL-10388-
                                                                                               02-R7].
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[FR Doc. 2023-02310 Filed 2-6-23; 8:45 am]
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