[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38033-38036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16003]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2017-0734; FRL 9981-29-Region 7]


Air Plan Approval and Air Quality Designation; MO; Redesignation 
of the Missouri Portion of the St. Louis Missouri-Illinois Area to 
Attainment of the 1997 Annual Standards for Fine Particulate Matter and 
Approval of Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 5, 2018, the Environmental Protection Agency (EPA) 
published in the Federal Register an advanced notice of proposed 
rulemaking (ANPR) specifically requesting early input and comments on 
the Agency's interpretation that air quality monitoring data from 2015-
2017 support a finding that the Missouri Portion of the St. Louis 
nonattainment area attains the 1997 Annual National Ambient Air Quality 
Standards (NAAQS) for fine particulate matter (PM2.5). The 
notice also provided an evaluation of Missouri's 1997 Annual 
PM2.5 NAAQS maintenance plan, which includes the 2008 and 
2025 NOX and PM2.5 motor vehicle emission budgets 
(MVEBs) and established the 2008 base year emissions inventory. EPA 
received no comments on the ANPR. EPA is now taking direct final action 
on three items, consistent with the ANPR. First, EPA is approving the 
state's request to redesignate the Missouri portion of the St. Louis 
MO-IL nonattainment area to attainment for the 1997 Annual 
PM2.5 NAAQS as the monitoring values demonstrate the area 
attains the standard. Second, EPA is approving the state implementation 
plan (SIP) revision containing a maintenance plan for the

[[Page 38034]]

Missouri portion of the area including the motor vehicle emissions 
budget. Third, EPA is approving Missouri's 2008 base year emissions 
inventory in accordance with section 172(c)(3) of the CAA.

DATES: This direct final rule will be effective October 2, 2018, 
without further notice, unless EPA receives adverse comment by 
September 4, 2018. If EPA receives adverse comment, we 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-2017-0734, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7214, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

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

I. What is being addressed in this document?

    EPA is approving actions related to Missouri's request to 
redesignate the Missouri portion of the St. Louis area to attainment 
for the 1997 Annual PM2.5 standards. On September 2, 2011, 
and subsequently on March 31, 2014, and on September 17, 2014,\1\ 
Missouri, through the Missouri Department of Natural Resources (MDNR) 
submitted requests for EPA to redesignate the Missouri portion of the 
St. Louis MO-IL nonattainment area to attainment for the 1997 Annual 
National Ambient Air Quality Standards (NAAQS) for fine particulate 
matter (PM2.5) and approve a state implementation plan (SIP) 
revision containing a maintenance plan for the Missouri portion of the 
area. On January 5, 2018, EPA published an Advanced Notice of Proposed 
Rulemaking (ANPR) on the related actions and received no comments. See 
83 FR 636. In this rulemaking action, EPA is taking direct final action 
to approve the state's request. In addition, EPA is also taking direct 
final action to approve Missouri's 2008 base year emissions inventory 
in accordance with section 172(c)(3) of the CAA.
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    \1\ The date of the original submission is September 2, 2011. 
Missouri supplemented and revised their request on March 31, 2014, 
September 17, 2014, and May 23, 2017. The May 27, 2017, letter 
requested EPA to take action on the prior submission, but did not 
include additional documentation. EPA considered all submissions in 
reviewing this action.
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II. Have the requirements for approval of a SIP revision been met?

    The state's submission has met the public notice requirements for 
the redesignation request and maintenance plan submission in accordance 
with 40 CFR 51.102. The submission also satisfied the completeness 
criteria of 40 CFR part 51, appendix V. The state held a public comment 
period from December 30, 2013 to February 6, 2014, and received three 
comments from the EPA. A public hearing was held on January 30, 2014.

III. What action is EPA taking?

    Consistent with the strategy outlined in the ANPR, published in 
January 2018, EPA is taking direct final action to approve Missouri's 
request to redesignate the St. Louis bi-state nonattainment area for 
the 1997 Annual PM2.5 National Ambient Air Quality Standards 
and approve a state implementation plan (SIP) revision containing a 
maintenance plan for the Missouri portion of the area, and officially 
redesignate the area from nonattainment to attainment. EPA is also 
taking direct final action on Missouri's 2008 emission inventory.
    Missouri submitted their first request to determine attainment and 
redesignation on September 1, 2011. The state then supplemented and 
revised their request on March 31, 2014, and on September 17, 2014. In 
this direct final rule, when EPA refers to Missouri's submission, we 
are referring to information provided in the 2011 and 2014 submissions 
and the additional clarifying information together unless otherwise 
specified.
    EPA evaluated Missouri's request and plan consistent with section 
175A of the CAA and EPA's supplemental analysis that the area will 
continue to maintain the 2008 ozone NAAQS following redesignation. The 
Missouri counties comprising the St. Louis area are Franklin, 
Jefferson, St. Charles and St. Louis. The City of St. Louis is also 
part of the nonattainment area. Because we did not receive public 
comments on the advanced notice of proposed rulemaking for this action, 
we are publishing this as a direct final rule as we view this as a 
noncontroversial action and anticipate no adverse comment. However, in 
the ``Proposed Rules'' section of this Federal Register, we are 
publishing a separate document that will serve as the proposed rule to 
approve the SIP revision if adverse comments are received on this 
direct final rule. We will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document. If EPA receives adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that this direct final rule will not take effect. We will 
address all public comments in any subsequent final rule based on the 
proposed rule.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
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);

[[Page 38035]]

     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where 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).
    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 action 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 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).

 List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen dioxide, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

    Dated: July 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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

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0
2. Revise Sec.  52.1341 to read as follows:


Sec.  52.1341  Control strategy: Particulate.

    (a) Determination of attainment. EPA has determined, as of May 23, 
2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, reasonable further 
progress, contingency measures, and other plan elements related to 
attainment of the standards for as long as the area continues to meet 
the 1997 PM2.5 NAAQS. In addition, based upon EPA's review 
of the air quality data for the three-year period 2007 to 2009, the St. 
Louis (MO-IL) PM2.5 nonattainment area has attained the 1997 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010.
    (b) Redesignation to attainment. On September 1, 2011, and on March 
31, 2014 and on September 17, 2014, Missouri submitted requests to 
redesignate the Missouri portion of the St. Louis MO-IL area to 
attainment of the 1997 Annual PM2.5 standard. The Missouri 
portion of the St. Louis MO-IL area includes Jefferson, Franklin, St. 
Charles, and St. Louis Counties along with the City of St. Louis. As 
part of the redesignation request, the State submitted a plan for 
maintaining the 1997 Annual PM2.5 standard through 2025 in 
the area as required by section 175A of the Clean Air Act.

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

0
3. 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

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0
4. Section 81.326 is amended by revising the entry for ``St. Louis MO-
IL'' in the table entitled ``Missouri--1997 Annual PM2.5 
NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.326  Missouri

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                                        Missouri-1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
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                                                        Designation \a\                      Classification
            Designated area             ------------------------------------------------------------------------
                                                  Date \1\                 Type           Date \2\       Type
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St. Louis, MO-IL:
    Franklin County....................  August 3, 2018...........  Attainment          ...........  ...........
    Jefferson County...................  August 3, 2018...........  Attainment          ...........  ...........
    St. Charles County.................  August 3, 2018...........  Attainment          ...........  ...........

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    St. Louis County...................  August 3, 2018...........  Attainment          ...........  ...........
    St. Louis City.....................  August 3, 2018...........  Attainment          ...........  ...........
 
 
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2018-16003 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P


