[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48242-48244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20615]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0211; FRL-9984-22--Region 7]


Air Plan Approval; Missouri; Regional Haze Plan and Prong 4 
(Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking several 
final actions regarding the Missouri State Implementation Plan (SIP). 
Three SIP actions relate to how the state addresses transport as 
related to visibility impairment in Class 1 areas and the 2012 Fine 
Particulate Matter (PM2.5), 2010 Nitrogen Dioxide 
(NO2), 2010 Sulfur Dioxide (SO2), and 2008 Ozone 
National Ambient Air Quality Standards (NAAQS): The EPA is approving 
the portion of the state's September 5, 2014 Five-year Progress Report 
for the State of Missouri Regional Haze Plan and a subsequently 
submitted letter dated July 31, 2017, which clarified that the state 
was changing from reliance on the Clean Air Interstate Rule (CAIR) to 
reliance on the Cross State Air Pollution Rule (CSAPR) for certain 
regional haze requirements; the EPA is converting its limited approval/
limited disapproval of the state's Regional Haze Plan to a full 
approval; and the EPA is approving the states' submissions addressing 
the Clean Air Act (CAA or the Act) provisions that prohibit emissions 
activity in one state from interfering with measures to protect 
visibility in another state (prong 4) of the state's infrastructure SIP 
submittals for the 2008 Ozone, the 2010 Nitrogen Dioxide 
(NO2), the 2010 Sulfur Dioxide (SO2), and the 
2012 Fine Particulate Matter (PM2.5) NAAQS. Finally, based 
on EPA's approval of the portion of the state's September 5, 2014, 
Five-year Progress Report that clarified that the state was changing 
from reliance on CAIR to reliance on CSAPR for certain regional haze 
requirements and conversion of its limited approval/limited disapproval 
of the state's Regional Haze Plan to a full approval, the EPA is 
withdrawing the June 7, 2012, Federal Implementation Plan (FIP) for 
regional haze.

DATES: This final rule is effective on October 24, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No EPA-R07-OAR-2018-0211. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at 
[email protected].

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

I. Background Information
II. Have the requirements for approval of the SIP submittals been 
met?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
    e. Regional Haze Five-Year Progress Report
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. Background Information

    On May 3, 2018, the EPA proposed to approve the state's change from 
a reliance on CAIR to a reliance on CSAPR to meet certain Regional Haze 
planning obligations; to convert the EPA's limited approval/limited 
disapproval of the state's Regional Haze Plan to a full approval; to 
approve the prong 4 elements of the state's 2008 Ozone, 2010 
NO2, 2010 SO2 and 2012 PM2.5 NAAQS 
infrastructure SIP submittals; and to remove EPA's existing regional 
haze FIP from 40 CFR 52.1339(c) and (d). See 83 FR 19479. The EPA 
received six sets of comments prior to the close of the comment period; 
all six sets of comments were not directly related to the action. The 
EPA's rationale for approving those SIP submissions, was provided in 
the proposal action and will not be restated here. See 83 FR 19479.

II. Have the requirements for approval of the SIP submittals been met?

a. 2008 Ozone NAAQS

    The state's submission met the public notice requirements for the 
Ozone infrastructure SIP submission in accordance with 40 CFR 51.102. 
The state held a public comment period from April 30, 2013, to June 6, 
2013. The EPA provided comments on May 23, 2013, and was the only 
commenter. A public hearing was held on May 30, 2013. The submission 
satisfied the completeness criteria of 40 CFR part 51, appendix V, for 
all elements except 110(a)(2)(D)(i)(I)--significant contribution to 
nonattainment (prong 1), interfering with maintenance of the NAAQs 
(prong 2). The EPA published a document in the Federal Register, 
``Findings of Failure to Submit a Section 110 State Implementation Plan 
for Interstate Transport for the 2008 National Ambient Air Quality 
Standards for Ozone''.\1\ The state was included in this finding 
because it had not made a complete ``good neighbor'' SIP submittal to 
meet the prong 1 and 2 elements.
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    \1\ See 80 FR 39961 (August 12, 2015).

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[[Page 48243]]

b. 2010 NO2 NAAQS

    The state's submission met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The state held a public 
comment period from February 25, 2013, to April 4, 2013. The EPA 
provided comments to the state on April 3, 2013, and was the only 
commenter. A public hearing was held on March 28, 2013. The state 
revised its proposed SIP in response to the EPA's comments, and the 
state submitted the SIP to the EPA on April 30, 2013. The submission 
satisfied the completeness criteria of 40 CFR part 51, appendix V.

c. 2010 SO2 NAAQS

    The state's submission met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The state held a public 
comment period from April 30, 2013, to June 6, 2013. The EPA provided 
comments on May 23, 2013, and was the only commenter. A public hearing 
was held on May 30, 2013. The submission satisfied the completeness 
criteria of 40 CFR part 51, appendix V, for all elements except prongs 
1 and 2.

d. 2012 PM2.5 NAAQS

    The state's submission met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The state held a public 
comment period from July 27, 2015, to September 3, 2015. The state 
received no comments during the public comment period. A public hearing 
was held on August 27, 2015. The submission satisfied the completeness 
criteria of 40 CFR part 51, appendix V.

e. Regional Haze Five-Year Progress Report

    The state's submission met the public notice requirements for a SIP 
submission in accordance with 40 CFR 51.102. The state held a public 
comment period from April 28, 2014, to June 5, 2014. The EPA provided 
comments on May 30, 2014. A public hearing was held on May 29, 2014. 
Revisions were made to the draft report in response to comments 
received. The submission satisfied the completeness criteria of 40 CFR 
part 51, appendix V. On July 31, 2017, the state submitted a letter to 
EPA clarifying certain aspects of its Five-year Progress Report for 
regional haze. See 83 FR 19479.

III. The EPA's Response to Comments

    As previously noted, the EPA received six sets of comments prior to 
the close of the comment period; all six sets of comments were not 
directly related to the action and therefore not considered by the EPA 
to be significant or adverse to the action being taken; therefore, the 
EPA is not providing responses here. No changes were made to the 
proposals in this final action after consideration of the comments 
received. All comments on the proposed action are available in the 
docket noted in this action.

IV. What action is the EPA taking?

    As described above, the EPA is taking the following final actions: 
(1) Approving the portion of the state's September 5, 2014 Five-year 
Progress Report for the State of Missouri Regional Haze Plan which, as 
clarified by the July 31, 2017 letter, identified the state's change 
from reliance on CAIR to a reliance on the CSAPR FIP for certain 
regional haze requirements; (2) converting the EPA's limited approval/
limited disapproval of the state's Regional Haze Plan to a full 
approval; and (3) approving the state's infrastructure SIP submissions 
addressing the CAA prong 4 requirements for the 2008 Ozone, 2012 
PM2.5, 2010 NO2, and 2010 SO2 NAAQS. 
Based on EPA's approval of the portion of the state's September 5, 2014 
Five-year Progress Report that clarified that the state was changing 
from reliance on CAIR to reliance on CSAPR for certain regional haze 
requirements and conversion of its limited approval/limited disapproval 
of the state's Regional Haze Plan to a full approval, the EPA is 
withdrawing the FIP from 40 CFR 52.1339(c) and (d) as noticed in the 
proposed regulatory text revisions.

V. Statutory and Executive Order Reviews

A. Executive Orders 12866 and 13563: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    This action will not have a significant economic impact on a 
substantial number of small entities under the RFA. This action will 
not impose any requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments. There are no Indian reservation lands in Missouri. 
Thus, Executive Order 13175 does not apply to this rule.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. This action is not subject to Executive Order 
13045 because it does not concern an environmental health risk or 
safety risk.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

[[Page 48244]]

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that 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).

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), this action is subject to the 
requirements of CAA section 307(d), as it revises a FIP under CAA 
section 110(c).

M. Congressional Review Act (CRA)

    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).

N. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 23, 2018. 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 CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Regional haze, Visibility.

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

    Dated: September 13, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 52 as follows:

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:
0
a. Revising entry (70); and
0
b. Adding entry (74) in numerical order.
    The revision and addition read as follows:


Sec.  52.1320   Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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   Name of nonregulatory SIP     Applicable geographic    State submittal
            revision             or nonattainment area         date         EPA approval date     Explanation
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                                                  * * * * * * *
(70) State Implementation Plan   Statewide............  9/5/2014..........  8/1/2016, 81 FR    Missouri
 (SIP) Revision for Regional                                                 50353; 9/24/       submitted a
 Haze (2014 Five-year Progress                                               2018, [Insert      clarification
 Report).                                                                    Federal Register   letter to its
                                                                             citation].         Five-year
                                                                                                Progress Report
                                                                                                on July 31, 2017
                                                                                                that is part of
                                                                                                this action.
                                                                                                [EPA-R07-OAR-201
                                                                                                5-0581; FRL-9949-
                                                                                                68--Region 7];
                                                                                                [EPA-R07-OAR-201
                                                                                                8-0211; FRL-9984-
                                                                                                22--Region 7.]
 
                                                  * * * * * * *
(74) Sections 110(a)(2)          Statewide............  7/8/2013; 8/30/     9/24/2018,         This action
 Infrastructure Prong 4                                  2013; 7/8/2013;     [Insert Federal    approves the
 Requirements for the 2008                               10/14/2015.         Register           following CAA
 Ozone, 2010 Nitrogen Dioxide,                                               citation].         elements:
 2010 Sulfur Dioxide, and the                                                                   110(a)(2)(D)(i)(
 2012 Fine Particulate Matter                                                                   II)--prong 4.
 NAAQS.                                                                                         [EPA-R07-OAR-201
                                                                                                8-0211; FRL-9984-
                                                                                                22--Region 7.]
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0
3. Amend Sec.  52.1339 by:
0
a. Revising paragraph (a); and
0
b. Removing paragraphs (c) through (e).
    The revision reads as follows:


Sec.  52.1339   Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are met 
because the plan includes measures for the protection visibility in 
mandatory Class I Federal areas. The Regional Haze Plan submitted by 
Missouri on August 5, 2009, and supplemented on January 30, 2012, in 
addition to the 5-year progress report submitted on September 5, 2014, 
and supplemented by state letter on July 31, 2017, contain fully 
approvable measures for meeting the requirements of the Regional Haze 
Rule.
* * * * *
[FR Doc. 2018-20615 Filed 9-21-18; 8:45 am]
 BILLING CODE 6560-50-P


