

[Federal Register: August 9, 2007 (Volume 72, Number 153)]
[Rules and Regulations]               
[Page 44778-44781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au07-17]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-0619; FRL-8450-7]

 
Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving a revision to the maintenance plan 
prepared by Missouri to maintain the 8-hour national ambient air 
quality standard (NAAQS) for ozone in the Missouri portion of the 
Kansas City area. The Kansas City area is designated attainment for the 
ozone NAAQS. This revision is required by the Clean Air Act. A similar 
final action pertaining to the Kansas portion of the Kansas City 
maintenance area is being done in conjunction with this rulemaking. The 
effect of this approval is to ensure Federal enforceability of the 
state air program plan and to maintain consistency between the state-
adopted plan and the approved SIP.

DATES: This direct final rule will be effective October 9, 2007, 
without further notice, unless EPA receives adverse comment by 
September 10, 2007. If adverse comment is received, EPA will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-0619, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    2. E-mail: algoe-eakin.amy@epa.gov.
    3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Amy Algoe-
Eakin, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0619. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail information that you consider to be CBI 

or otherwise protected. The http://www.regulations.gov website is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be

[[Page 44779]]

able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. 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 either electronically in http://www.regulations.gov
 or in hard copy at the Environmental Protection 

Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 to 4:30 excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551-7942, or 
by e-mail at algoe-eakin.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

    What is a Section 110(a)(1) maintenance plan?
    What are the components of a Section 110(a)(1) 8-hour ozone 
maintenance plan?
    How has the state addressed the components of a Section 
110(a)(1) 8-hour ozone maintenance plan?
    What action is EPA taking?

What is a Section 110(a)(1) maintenance plan?

    Section 110(a)(1) of the Clean Air Act (CAA or Act) requires, in 
part, that states submit to EPA plans to maintain any NAAQS promulgated 
by EPA. EPA interprets this provision to require that areas that were 
maintenance areas for the 1-hour ozone NAAQS but attainment for the 8-
hour ozone NAAQS submit a plan to demonstrate the continued maintenance 
of the 8-hour ozone NAAQS. EPA established June 15, 2007, three years 
after the effective date of the initial 8-hour ozone designations, as 
the deadline for submission of plans for these areas. Missouri's 
Section 110(a)(1) maintenance plan was received by EPA on May 23, 2007.

What are the components of a Section 110(a)(1) 8-hour ozone maintenance 
plan?

    On May 20, 2005, EPA issued guidance that applies, in part, to 
areas that are designated attainment/unclassifiable for the 8-hour 
ozone standard and that had an approved 1-hour ozone maintenance plan. 
The purpose of the guidance, referred to as Section 110(a)(1) guidance, 
is to assist the states in the development of a SIP which addresses the 
maintenance requirements found in Section 110(a)(1) of the CAA. There 
are five components of the Section 110(a)(1) maintenance plan which 
are: (1) An attainment inventory, which is based on actual typical 
summer day emissions of volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX) for a ten-year period from a base year as 
chosen by the state; (2) a maintenance demonstration which shows how 
the area will remain in compliance with the 8-hour ozone standard for 
10 years after the effective date of designations (June 15, 2004); (3) 
a commitment to continue to operate air quality monitors; (4) a 
contingency plan that will ensure that a violation of the 8-hour ozone 
NAAQS is promptly addressed; and (5) an explanation of how the state 
will track the progress of the maintenance plan.

How has the state addressed the components of a Section 110(a)(1) 8-
hour ozone maintenance plan?

    Missouri Department of Natural Resources' (MDNR) 8-hour ozone 
maintenance plan addresses the components of the Section 110(a)(1) 8-
hour ozone maintenance as outlined in EPA's May 20, 2005, guidance. 
Missouri has requested that the Section 110(a)(1) 8-hour ozone 
maintenance plan replace the existing Section 175A 1-hour ozone 
maintenance plan.
    Emissions Inventory: An emissions inventory is an itemized list of 
emission estimates for sources of air pollution in a given area for a 
specified time period. MDNR has provided a comprehensive and current 
emissions inventory for ozone precursors (NOX and VOCs) in 
the area. MDNR has chosen to use 2002 as the base year from which it 
projects emissions. The maintenance plan also includes an explanation 
of the methodology used for determining the anthropogenic (point, area, 
and mobile sources) emissions in the maintenance area. The inventory is 
based on emissions for a typical ozone season day. The term ``typical'' 
refers to emissions expected on a typical weekday during the months 
where ozone concentrations are typically the highest. For Kansas City, 
these months are June through August.
    Maintenance Demonstration and Tracking Progress: With regard to 
demonstrating continued maintenance of the 8-hour ozone standard, 
Missouri projects that the total emissions from the entire Kansas City 
Maintenance Area (KCMA) will decrease during the ten-year maintenance 
period. MDNR has projected emissions for 10 years from the effective 
date of initial designations, or 2014. In 2002, the total anthropogenic 
emissions in the entire KCMA were 226.42 tons/ozone season day for VOCs 
and 316.09 tons/ozone season day for NOX. The projected 2014 
anthropogenic emissions from the entire KCMA are 181.07 tons/ozone 
season day for VOCs and 180.08 tons/ozone season day for 
NOX. As such, the plan demonstrates that, from an emissions 
projections standpoint, emissions are projected to decrease.
    It is important to note that the formation of ozone is dependent on 
a number of variables which cannot be estimated through emissions 
growth and reduction calculations. A few of these variables include 
weather and the transport of ozone precursors from outside the 
maintenance area. In the Section 110(a)(1) maintenance plan, MDNR has 
indicated that the state will track the progress of the maintenance 
plan by updating the emissions inventory for the KCMA approximately 
every three years. The years of 2005, 2008, and 2011 were chosen as the 
years in which emissions will be reviewed. A review of the 2005 
emissions inventory is underway. The emissions inventory update will 
include point, area, and onroad and offroad emissions. Information from 
these future updates will be compared with the projected growth 
estimates for the 2002 base inventory data to track maintenance of the 
standard.
    Ambient Monitoring: With regard to the ambient air monitoring 
component of the maintenance plan, Missouri's plan describes the ozone 
monitoring network in Kansas City and explains that states and local 
air agencies are responsible for the operation, maintenance and data 
collection at these monitoring sites. MDNR commits to continue 
operating air quality monitors in accordance with 40 CFR Part 58 to 
verify maintenance of the 8-hour ozone standard. If any changes to the 
monitoring locations become necessary, MDNR commits to working with EPA 
to ensure that the adequacy of the monitoring network is maintained.
    Contingency Measures: EPA interprets Section 110(a)(1) of the CAA 
to require that the state develop a contingency

[[Page 44780]]

plan that will ensure that any violation of a NAAQS is promptly 
corrected. The purposes of the contingency measures, outlined in MDNR's 
maintenance plan, are to achieve sufficient VOC and/or NOX 
emissions to reduce further ozone monitored concentrations. Missouri 
and Kansas worked together to design a two-phased approach for the 
contingency measure portion of the maintenance plan. The approach 
includes specific triggers for each phase. The triggers are the same 
for both states although the measures vary slightly. For Phase 1, the 
Missouri plan provides that a violation of the 8-hour ozone standard, 
once quality assured, would trigger two control measures, which are (1) 
early implementation of control devices on Clean Air Interstate Rule-
(CAIR) affected coal-fired electric generating units; and (2) an idle 
reduction regulation.
    Phase 2 contingency measures would be triggered by the occurrences 
of either of the following two events: (1) A three-year design value 
for the area equaling or exceeding 0.089 parts per million (ppm) which 
would become active one year following the end of the ozone season that 
triggered the Phase 1 contingency measures or (2) three consecutive 
years following the Phase 1 trigger year with a design value greater 
than 0.084 ppm. Either of these events would implement the selection of 
control measures of Phase 2. Following the implementation of Phase 1, 
if any one year has a three-year design value equaling or exceeding 
0.085 ppm, an evaluation to determine appropriate action will be 
undertaken by MDNR. The purpose of delaying the potential 
implementation of Phase 2 control measures for a period of time 
following the implementation of Phase 1 is to allow for Phase 1 
controls to be initiated and have an effect on air quality in the 
region before Phase 2 is implemented. It also allows for further 
evaluation of the various control measures that could be implemented 
under Phase 2. Below are a few of the controls options being considered 
for Phase 2: NOX reductions to coal-fired electric 
generating units (EGUs) not covered under CAIR that exceed 100 tons of 
NOX emissions per year; NOX reductions from 
industrial boilers and process heaters that exceed 100 tons of 
NOX emissions per year; NOX reductions from 
cement kilns that exceed 100 tons of NOX emissions per year; 
lowering the threshold for major sources of VOCs to 75 tons per year; 
enacting regulations to reduce VOC emissions from 46 architectural and 
industrial maintenance coatings, including traffic coatings; enacting 
emissions offsets of 1.1:1.0 for new sources; diesel Engine Chip Re-
Flashing regulations; or enacting the gas-cap testing program. If 
triggered, the Phase 2 measures will be selected based on emission 
reduction benefits, cost effectiveness and timeframe for 
implementation. MDNR also would consider additional potential measures 
if other beneficial emission reduction methods are determined to be 
useful to the air quality in the KCMA.

What action is EPA taking?

    Missouri has addressed the components of a maintenance plan 
pursuant to EPA's May 20, 2005, guidance. The Section 110(a)(1) 8-hour 
ozone Kansas City maintenance plan approved in this action will replace 
the existing Section 175A 1-hour ozone maintenance plan. Existing VOC 
control rules included in the 1-hour maintenance plan will remain in 
place. Missouri has committed to implementing the contingency measures 
within 24 months of the trigger date and will take action to maintain 
the standard in the event the contingency measures are triggered.
    We are processing this action as a direct final action because we 
do not anticipate any adverse comments. Please note that if EPA 
receives adverse comment on part of this rule and if that part can be 
severed from the remainder of the rule, EPA may adopt as final those 
parts of the rule that are not the subject of an adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal standard.
    In reviewing state submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule

[[Page 44781]]

cannot take effect until 60 days after it is published in the Federal 
Register. 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 October 9, 2007. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 27, 2007.
John B. Askew,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

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(e) the table is amended by adding an entry in 
numerical order to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(53) Maintenance Plan for the 8-   Kansas City........         5/23/07  8/9/07 [insert FR    This plan replaces
 hour ozone standard in the                                              page number where    numbers (46) and
 Missouri portion of the Kansas                                          the document         (50).
 City area.                                                              begins].
----------------------------------------------------------------------------------------------------------------


 [FR Doc. E7-15264 Filed 8-8-07; 8:45 am]

BILLING CODE 6560-50-P
