[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51413-51415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20671]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0334; FRL-10000-15-Region 7]


Air Plan Approval; Missouri; Infrastructure State Implementation 
Plan Requirements for the 2015 Ozone National Ambient Air Quality 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) revision submission from 
the State of Missouri addressing the applicable requirements of section 
110 of the Clean Air Act (CAA) for the 2015 Ozone (O3) 
National Ambient Air Quality Standard (NAAQS). Section 110 requires 
that each state adopt and submit a SIP revision to support the 
implementation, maintenance, and enforcement of each new or revised 
NAAQS promulgated by the EPA. These SIPs are commonly referred to as 
``infrastructure'' SIPs. The infrastructure requirements are designed 
to ensure that the structural components of each state's air quality 
management program are adequate to meet the state's responsibilities 
under the CAA. The EPA is also approving a request from the State to 
exempt all counties in the Metropolitan Kansas City Interstate Air 
Quality Control Region (Kansas City AQCR) and all of Jefferson and most 
of Franklin (except Boles Township) counties in the Metropolitan St. 
Louis Interstate (St. Louis AQCR) from needing an ozone contingency 
plan meeting the EPA's requirements.

DATES: This final rule is effective on October 30, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0334. 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, Region 7 Office, Air Quality and Planning Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 
551-7016; email address casburn.tracey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What is the EPA's response to comment received?
V. What action is the EPA taking?
VI. Statutory and Executive Order Reviews

I. Background

    On June 25, 2019, the EPA proposed to approve the State's 
infrastructure SIP submittal for the 2015 O3 NAAQS and to 
approve a request to exempt all counties in the Kansas City AQCR, and 
Jefferson and Franklin (except Bowles Township) counties in the St. 
Louis AQCR, from needing to meet the requirement to have an ozone 
contingency plan found in at 40 CFR part 51, subpart H, in the Federal 
Register.\1\ See 84 FR 29826. The EPA

[[Page 51414]]

solicited comments on the proposed SIP revisions and received one 
comment.
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    \1\ 51.152(d) (1) allows the Administrator to exempt portions of 
a Priority I, IA, or II AQCR which have been designated as 
attainment or unclassifiable for national primary and secondary 
standards under section 107 of the Act from the requirement to have 
a contingency plan.
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II. What is being addressed in this document?

    The EPA is approving the infrastructure SIP submission received 
from the State on April 11, 2019, in accordance with section 110(a)(1) 
of the CAA. Specifically, the EPA is approving the following 
infrastructure elements of section 110(a)(2) of the CAA: (A) through 
(C), (D)(i)(II)--prevention of significant deterioration of air quality 
(prong 3) and protection of visibility (prong 4), (D)(ii), (E) through 
(H), and (J) through (M). Elements of section 110(a)(2)(D)(i)(I)--
significant contribution to nonattainment (prong 1) and interfering 
with maintenance of the NAAQs (prong 2) were addressed in a separate 
SIP submission and are not addressed in this document. Section 
110(a)(2)(I) was also not addressed in the submission, however, the EPA 
does not expect infrastructure SIP submissions to address element (I). 
Section 110(a)(2)(I) requires states to meet the applicable SIP 
requirements of part D of the CAA relating to designated nonattainment 
areas. The specific part D submissions for designated nonattainment 
areas are subject to different submission schedules than those for 
section 110 infrastructure elements. The EPA will act on part D 
attainment plan SIP submissions through a separate rulemaking governed 
by the requirements for nonattainment areas, as described in part D.
    The EPA is also approving a request from the State to exempt all 
counties in the Kansas City AQCR, and Jefferson and Franklin (except 
Bowles Township) counties in the St. Louis AQCR, from needing to meet 
the requirement to have an ozone contingency plan found in at 40 CFR 
part 51, subpart H.
    A technical support document (TSD) is included as part of the 
docket to this action and it includes an analysis of how the EPA 
determined that the submission met the applicable 110(a)(1) and (2) 
requirements for infrastructure SIPs and the criteria for an exemption 
from needing an ozone contingency plan for all counties in the Kansas 
City AQCR, and for Jefferson and Franklin (except Bowles Township) 
counties in the St. Louis AQCR. A detailed discussion of the submission 
was provided in the EPA's June 25, 2019, Federal Register document. See 
84 FR 29826.

III. Have the requirements for approval of a SIP revision been met?

    The submission has met the public notice requirements of 40 CFR 
51.102. The submission also satisfied the completeness criteria of 40 
CFR part 51, appendix V. The State provided a public comment period for 
the submission from December 31, 2018, to February 7, 2019, and held a 
public hearing on January 31, 2019. The State received comments from 
the EPA during the public comment period; the EPA was the only 
commenter. The State addressed the EPA's comments. As explained in more 
detail in the TSD, the submission meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

IV. What is the EPA's response to comment received?

    The public comment period for the EPA's proposed action opened the 
date of its publication in the Federal Register, June 25, 2019, and 
closed on July 25, 2019. During this period, the EPA received one 
comment.
    Comment: The commenter asked the EPA to clarify what it is 
exempting, stating that the proposed exemption was for emergency 
episode planning requirements but that EPA seemed to be proposing to 
eliminate contingency measures required by nonattainment area planning.
    Response: The EPA proposed to approve elements of a SIP revision 
submission addressing the applicable requirements of section 110 of the 
CAA for the 2015 O3 NAAQS, commonly referred to an 
``infrastructure'' SIP, and to approve a request to exempt all counties 
in the Kansas City AQCR and all of Jefferson and most of Franklin 
(except Boles Township) counties in the St. Louis AQCR from needing an 
ozone contingency plan meeting the requirements of 40 CFR part 51, 
subpart H (please see the technical support document, provided in the 
docket to this rulemaking, and notice of proposed rulemaking, for the 
EPA's rational for approving the exemption request).
    Although it is not clear from the comment, the EPA believes the 
commenter may have confused the CAA part A 110(a)(2) infrastructure 
planning requirement to have a contingency plan addressing emergency 
episodes (element (G)) with the CAA part D 172(c)(9) nonattainment 
planning requirements to have contingency measures to be undertaken if 
the area fails to make reasonable further progress, or to attain the 
NAAQS by the attainment date.
    40 CFR part 51, subpart H, includes criteria for classification of 
areas into AQCRs based on ambient air concentrations of the pollutant 
being addressed. If an AQCR is classified as a Priority I, IA, or II 
region for a specified pollutant, then the infrastructure SIP (under 
element (G)) should contain an emergency contingency plan meeting the 
specific requirements of 40 CFR 51.151 and 51.152, as appropriate, with 
respect to that pollutant. The priority classifications for the AQCRs 
in Missouri can be found at 40 CFR 52.1321.
    There is a possibility for all or just some of the counties in an 
AQCR to also be designated as nonattainment of a NAAQS; an AQCR 
boundary is not always equivalent to a nonattainment boundary. 
Nonattainment area designations in Missouri can be found at 40 CFR 
81.326. Areas that are designated as nonattainment must fulfill CAA 
part D requirements. The proposal notice stated that although 
infrastructure element (I) requires states to meet the applicable part 
D SIP requirements (related to designated nonattainment areas), because 
the specific part D section 172 SIP submissions are subject to 
different submission schedules than those for part A section 110 
infrastructure elements, the EPA will act on part D attainment plan SIP 
submissions through a separate rulemaking governed by the requirements 
for nonattainment areas, as described in part D.
    To be clear the EPA proposed an exemption from 110(a)(2)(G) 
emergency contingency planning obligations for the named AQCRs. The EPA 
did not propose to exempt the State from meeting part D section 172 
contingency measure requirements (110(a)(2)(I)).

V. What action is the EPA taking?

    The EPA is approving the April 11, 2019, SIP submission addressing 
the infrastructure elements for the 2015 O3 NAAQS. 
Specifically, the EPA is approving the following infrastructure 
elements of section 110(a)(2): (A) through (C), (D)(i)(II)--prong 3 and 
prong 4, (D)(ii), (E) through (H), and (J) through (M). The EPA is not 
acting on the elements of section 110(a)(2)(D)(i)(I)--prong 1 and prong 
2 because those elements were not addressed in the submission. Section 
110(a)(2)(I) was not addressed in the submission and the EPA would not 
expect it to be.
    The EPA is also approving a request from the State to exempt all 
counties in the Kansas City AQCR, and Jefferson and Franklin (except 
Bowles Township) counties in the St. Louis AQCR, from

[[Page 51415]]

needing to meet the requirement to have an ozone contingency plan found 
in at 40 CFR part 51, subpart H.

VI. Statutory and Executive Order Reviews

    Under the 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, 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);
     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 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).
    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).
    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 29, 2019. 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, Air quality 
control region, Contingency plan, Exemption, Incorporation by 
reference, Infrastructure, Intergovernmental relations, Ozone.

    Dated: September 18, 2019.
James Gulliford,
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 
entry ``(78)'' in numerical order to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
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                                           Applicable geographic or           State
 Name of non-regulatory SIP provision         nonattainment area         submittal date     EPA approval date                   Explanation
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                                                                      * * * * * * *
(78) Sections 110 (a)(1) and           Statewide.......................       4/11/2019  9/30/2019, [insert       This action approves the following CAA
 110(a)(2) Infrastructure                                                                 Federal Register         elements: 110(a)(1) and 110(a)(2)(A),
 Requirements for the 2015 Ozone                                                          citation].               (B), (C), (D)(i)(II)--prongs 3 and 4,
 NAAQS. Ozone Contingency Plan                                                                                     (D)(ii), (E), (F), (G), (H), (J),
 Exemptions.                                                                                                       (K), (L), and (M).
                                                                                                                   110(a)(2)(D)(i)(I)--prongs 1 and 2
                                                                                                                   were not included in the submission.
                                                                                                                   110(a)(2)(I) is not applicable.
                                                                                                                  This action approves the ozone
                                                                                                                   contingency plan exemptions for all
                                                                                                                   counties in the Kansas City AQCR and
                                                                                                                   Jefferson and Franklin (except Bowles
                                                                                                                   Township) counties in the St. Louis
                                                                                                                   AQCR.
                                                                                                                  [EPA-R07-OAR-2019-0334; FRL-1000-15-
                                                                                                                   Region 7].
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[FR Doc. 2019-20671 Filed 9-27-19; 8:45 am]
 BILLING CODE 6560-50-P


