[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Rules and Regulations]
[Pages 4508-4512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01645]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2021-0391; FRL-8693-02-R7]


Air Plan Approval; Missouri Redesignation Request and Associated 
Maintenance Plan for the Jefferson County 2010 SO2 1-Hour NAAQS 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 27, 2017, the State of Missouri submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the Jefferson County, Missouri, 2010 1-hour sulfur dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS) 
nonattainment area to attainment and to approve a State Implementation 
Plan (SIP) revision containing a maintenance plan for the area. The 
State provided supplemental information on: May 15, 2018; February 7, 
2019; February 25, 2019; and April 9, 2021. In response to these 
submittals, the EPA is taking the following final actions: Approve the 
State's plan for maintaining attainment of the 2010 1-hour 
SO2 primary standard in the area; and approve the State's 
request to redesignate the Jefferson County SO2 
nonattainment area to attainment for the 2010 1-hour SO2 
primary standard.

DATES: This final rule is effective on February 28, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0391. 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., 
confidential business information (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: Ashley Keas, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7629 or by email at 
[email protected].

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

Table of Contents

I. What is being addressed in this document?
II. The EPA's Responses to Comments
III. Have the requirements for approval of a SIP revision been met?
IV. What are the actions the EPA is taking?
V. Environmental Justice Concerns
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    On December 27, 2017, the State submitted a request for 
redesignation of the Jefferson County SO2 nonattainment area 
to attainment and a SIP revision containing a 10-year maintenance plan 
for the area. On May 15, 2018, the State submitted a clarifying letter 
that Appendix A (containing the emissions inventory for the area) and 
Appendix B (containing a Consent Agreement entered between Missouri and 
Ameren sources in the area) of the SIP submittal should be considered 
part of the SIP revision request. On February 7, 2019, and February 25, 
2019, the State submitted supplemental modeling information to the EPA. 
On April 9, 2021, the State submitted an addendum to the Consent 
Agreement which contains the emissions limits and monitoring, 
reporting, and recordkeeping requirements needed to determine 
compliance with the emissions limits for the covered sources. The EPA's 
proposal at 86 FR 34177 [June 29, 2021] discusses the EPA's review of 
the redesignation request, the maintenance plan (including Consent 
Agreement and addendum), and the supplemental information and provides 
support for the EPA's proposed approval of the request to redesignate 
the area to attainment and for proposed approval of the 10-year 
maintenance plan. Additional analysis of the redesignation request, 10-
year maintenance plan, Consent Agreement and addendum, and supplemental 
modeling information is provided in a Technical Support Document (TSD) 
included in this docket. The public comment period on the EPA's 
proposed rule opened on June 29, 2021, the date of its publication in 
the Federal Register, and closed on July 29, 2021. During this period, 
the EPA received one comment. The EPA additionally received a request 
to extend the comment period due to the technical support document 
being added to the docket partway through the comment period. 
Therefore, the EPA reopened the comment period on August 17, 2021, and 
closed on September 16, 2021 (86 FR 45950). During this second comment 
period, the EPA received one additional comment. Both comments are 
addressed in section II.

II. The EPA's Responses to Comments

    Comment 1: On July 29, 2021, the EPA received a comment from Ameren 
Missouri. The comment was largely supportive of the EPA's proposed 
redesignation of the Jefferson County area. Ameren also identified 
minor clarifications and corrections needed in the TSD. Specifically, 
Ameren noted that the TSD incorrectly stated that meteorological data 
was from the Weaver monitor when in fact the Weaver monitor does not 
collect meteorological data.
    Response 1: The EPA updated this reference to the Johnson Tall 
Tower, the source of the meteorological data underlying the pollution 
rose on page

[[Page 4509]]

28 of the revised TSD, included in the docket for this action.
    Comment 2: On September 16, 2021, the EPA received one comment from 
the Missouri Department of Natural Resources. The comment requested the 
EPA clarify statements in the proposed rule regarding the need for a 
SIP revision to remove monitoring requirements for the industrial 
monitoring sites located around Rush Island. Missouri references 
Appendix 1 to the Consent Agreement, Additional QAPP Components, which 
includes the process for discontinuing any of the monitors around Rush 
Island, and states that the EPA's approval of this Quality Assurance 
Project Plan (QAPP) into the SIP renders a SIP revision unnecessary to 
discontinue the operation of a monitor. Missouri requests that the EPA 
clarify that the monitors may be discontinued per the requirements of 
the Consent Agreement without the need for a SIP revision.
    Response 2: The EPA agrees with Missouri that the Appendix to the 
Consent Agreement contains a QAPP that outlines criteria that must be 
met in order for Ameren to request discontinuation of a monitor in the 
SO2 Monitoring Network.\1\ Specifically, the Consent 
Agreement and QAPP outline criteria to be submitted by Ameren to 
Missouri in order to request monitor discontinuation. The EPA agrees 
that our approval of the Consent Agreement and QAPP into Missouri's SIP 
does allow Missouri to follow the process outlined in the Consent 
Agreement and QAPP for discontinuation of a monitor in Ameren's 
SO2 Monitoring Network. To clarify the EPA's position as 
stated in the proposed rule, if a monitor in the SO2 
Monitoring Network is removed, a SIP revision would be triggered to 
update certain aspects of the maintenance plan that relied upon the 
operation of the monitor.
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    \1\ While the term ``SO2 Monitoring Network'' is not 
defined in the Consent Agreement, the maintenance plan identifies 
the ``SO2 Monitoring Network'' to include the following 
monitors operated by Ameren: Weaver Road & Highway AA, Natchez, and 
Fults.
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    Specifically, Missouri would need to update the contingency plan 
triggers as relied upon in the maintenance plan and Consent Agreement. 
Additionally, and as discussed further below, Missouri must still be 
able to demonstrate that they meet the requirements for an appropriate 
monitoring network in the area and an appropriate method for verifying 
continued attainment throughout the maintenance area for the duration 
of the maintenance period.

Contingency Measures

    The Consent Agreement that the EPA is approving into the SIP 
requires Ameren to install and operate an SO2 Monitoring 
Network at locations representative of the impacts of Rush Island's 
emissions and includes specific requirements to be undertaken by Ameren 
should a monitor within the SO2 Monitoring Network record an 
elevated concentration. As the EPA explained in the proposed rule, the 
EPA interprets these requirements to be contingency measures for 
purposes of Clean Air Act (CAA) section 175A.
    Additionally, the maintenance plan includes contingency plan 
triggers and requirements applicable to entities responsible for 
elevated values recorded in the Jefferson County maintenance area. This 
includes the Mott Street Monitor as well as the Weaver Monitor located 
within the maintenance area near Rush Island.

Monitoring Network Commitment and Verification of Continued Attainment

    In addition, Missouri commits in the maintenance plan to continued 
operation of the ``appropriate SO2 network'' in the 
Jefferson County maintenance area and describes how the SO2 
monitoring network was expanded in accordance with the Consent 
Agreement to include the Weaver Road & Highway AA, Natchez, and Fults 
monitors. The maintenance plan states that the SO2 
monitoring network is reviewed annually through the Annual Network 
Monitoring Plan pursuant 40 CFR part 58, and any discontinuation or 
relocation of the monitors would require review and approval by the 
EPA.
    The EPA agrees with Missouri that any proposed network modification 
of State or Local Area Monitoring Stations (SLAMS) is subject to the 
approval of the EPA Regional Administrator. For SLAMs that operate in a 
maintenance area, 40 CFR 58.14(c)(1) states that, ``. . . if the most 
recent attainment or maintenance plan adopted by the State and approved 
by EPA contains a contingency measure to be triggered by an air quality 
concentration and the monitor to be discontinued is the only SLAMS 
monitor operating in the nonattainment or maintenance area, the monitor 
may not be discontinued.'' This provision would apply to the Mott 
Street monitor, as it is the only SO2 SLAMS operating within 
the Jefferson County area.
    The industrial source monitors operated by Ameren are not required 
to meet the discontinuation criteria or process outlined for SLAMS 
monitors in 40 CFR part 58. However, these monitors characterize the 
air quality around the largest remaining source in the area, Rush 
Island, and certain concentration levels recorded by these monitors 
trigger contingency provisions per the maintenance plan and Consent 
Agreement. If Ameren were to request discontinuation of these 
industrial source monitors, the Consent Agreement would allow Missouri 
to approve such request without approval from the EPA. However, 
discontinuation of a monitor would impact the state's ability to meet 
the requirement for verification of continued attainment and Missouri's 
commitment to operating an appropriate monitoring network in the area, 
thereby materially changing Missouri's maintenance plan and the basis 
for the EPA's approval of Missouri's maintenance plan.
    The EPA therefore disagrees with the commenter concerning whether a 
SIP revision is necessary if a monitor is discontinued pursuant to the 
terms of the Consent Agreement and finds that if a monitor is 
discontinued in the area, Missouri would need to revise the federally 
approved maintenance plan and include a justification for removal of 
the monitor in order to meet the requirements of section 110(l) of the 
CAA. The EPA expects that removal of a monitor would require a 
demonstration that the contingency provisions are adequately triggered 
in the absence of the monitor. In addition, Missouri must demonstrate 
that an appropriate SO2 monitoring network remains in place 
in the maintenance area and that the maintenance plan still meets the 
requirement for verification of continued attainment under section 
175A.

III. 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 December 2017 SIP submittal from 
July 31, 2017, to September 7, 2017 and held a public hearing on August 
31, 2017. The State received and addressed nineteen combined comments 
from a total of five sources. The State revised the maintenance plan 
based on public comment prior to submitting to the EPA.
    On April 9, 2021, Missouri submitted a supplement to the SIP 
revision to the EPA consisting of an addendum to the Consent Agreement 
between Ameren and Missouri. The Consent Agreement addendum 
incorporates monitoring, reporting and recordkeeping

[[Page 4510]]

requirements needed to make the emissions limits contained in the 
Consent Agreement practically enforceable. Missouri held a public 
hearing for this SIP supplement on January 28, 2021, and made the 
supplement available for public review and comment from December 28, 
2020, through February 4, 2021. Missouri received supportive comments 
from Ameren.
    In addition, as explained in the EPA's proposed rule (and in more 
detail in the technical support document which is included in the 
docket for this action), the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

IV. What are the actions the EPA is taking?

    The EPA is taking final action to approve the maintenance plan for 
the Jefferson County 2010 SO2 1-hour NAAQS nonattainment 
area into the Missouri SIP (as compliant with CAA section 175A). The 
maintenance plan demonstrates that the area will continue to maintain 
the 2010 1-hour SO2 NAAQS and includes contingency 
provisions to remedy any future violations of the 2010 1-hour 
SO2 NAAQS and procedures for evaluation of potential 
violations.
    Additionally, the EPA is taking final action to determine that the 
Jefferson County 2010 SO2 1-hour NAAQS nonattainment area 
has met the criteria under CAA section 107(d)(3)(E) for redesignation 
from nonattainment to attainment for the 2010 1-hour SO2 
NAAQS. On this basis, the EPA is approving Missouri's redesignation 
request for the area and changing the legal designation of the portion 
of Jefferson County designated nonattainment at 40 CFR part 81 to 
attainment for the 2010 1-hour SO2 NAAQS.

V. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either nonattainment, 
attainment, or unclassifiable. Area designations address environmental 
justice concerns by ensuring that the public is properly informed about 
the air quality in an area. If an area is designated nonattainment of 
the NAAQS, the CAA provides for the EPA to redesignate the area to 
attainment upon a demonstration by the state authority that air quality 
is attaining the NAAQS and will continue to maintain the NAAQS in order 
to ensure that all those residing, working, attending school, or 
otherwise present in those areas are protected, regardless of minority 
and economic status.
    The EPA utilized the EJSCREEN tool to evaluate environmental and 
demographic indicators within the area. The tool outputs are contained 
in the docket for this action. While the EPA's EJSCREEN tool 
demonstrates that demographic indicators are consistent or lower than 
national averages, there are vulnerable populations in the area 
including low-income populations and persons over 64 years of age.
    This action addresses a redesignation determination for the 
Jefferson County, Missouri area. Under CAA section 107(d)(3), the 
redesignation of an area to attainment is an action that affects the 
status of a geographical area and does not impose any additional 
regulatory requirements on sources beyond those imposed by state law. 
As discussed in this document and the associated technical support 
document, Missouri has demonstrated that the air quality in the 
Jefferson County area is attaining the NAAQS and will continue to 
maintain the NAAQS. For these reasons, this action does not result in 
disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples.

VI. Incorporation by Reference

    In this document the EPA is amending regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing incorporation by reference of the 
Missouri State Implementation Plan described in the amendments to 40 
CFR part 52 set forth below. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 7 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan are actions that affect the 
status of a geographical area and do not impose any additional 
regulatory requirements on sources beyond those imposed by state law. A 
redesignation to attainment does not in and of itself create any new 
requirements, but rather results in the applicability of requirements 
contained in the CAA for areas that have been redesignated to 
attainment. Moreover, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 these reasons, 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);
     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 V of this action, 
``Environmental Justice Concerns.''
    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).

[[Page 4511]]

    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 March 29, 2022. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Maintenance plan, Redesignation, Sulfur oxides.

40 CFR Part 81

    Environmental protection, Air pollution control, Designations, 
Intergovernmental relations, Redesignation, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: January 14, 2022.
Meghan A. McCollister,
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

0
2. In Sec.  52.1320:
0
a. The table in paragraph (d) is amended by adding the entry ``(34)'' 
in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(81)'' 
in numerical order.
    The additions read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
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                                                                State
          Name of source             Order/permit number   effective date    EPA approval date      Explanation
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                                                  * * * * * * *
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(34) Ameren Missouri..............  Consent Agreement and      12/14/2020  1/28/2022 [insert      ..............
                                     Addendum No. APCP-                     Federal Register
                                     2015-034.                              citation].
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    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                     Applicable
   Name of nonregulatory SIP        geographic or         State       EPA approval date        Explanation
            revision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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(81) Jefferson County 1-hour     Jefferson County..  12/27/17; 5/15/ 1/28/2022, [insert  This action approves
 SO2 NAAQS Maintenance Plan and                      18; 2/7/19; 2/   Federal Register    the Maintenance Plan
 Supplemental Modeling Analyses.                     25/19; and 4/9/  citation].          and the Supplemental
                                                                 21                       Modeling Analyses for
                                                                                          the Jefferson County
                                                                                          area.
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0
3. In Sec.  52.1343, add paragraph (c) to read as follows:


Sec.  52.1343  Control strategy: Sulfur dioxide.

* * * * *
    (c) Redesignation to attainment. As of February 28, 2022, the 
Jefferson County 2010 SO2 nonattainment area is redesignated 
to attainment of the 2010 SO2 1-hour National Ambient Air 
Quality Standard (NAAQS) in accordance with the requirements of Clean 
Air Act (CAA) section 107(d)(3) and EPA has approved its maintenance 
plan and supplemental modeling demonstration analyses as meeting the 
requirements of CAA section 175A.

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

0
4. The authority citation for part 81 continues to read as follows:

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

[[Page 4512]]

Subpart C--Section 107 Attainment Status Designations

0
5. In Sec.  81.326, revise the entry ``Jefferson County, MO'' in the 
table entitled ``Missouri--2010 Sulfur Dioxide NAAQS [Primary]'' to 
read as follows:


Sec.  81.326  Missouri.

* * * * *

                   Missouri--2010 Sulfur Dioxide NAAQS
                                [Primary]
------------------------------------------------------------------------
                                               Designation
      Designated area \1\       ----------------------------------------
                                    Date \2\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Jefferson County, MO...........       2/28/2022  Attainment.
Jefferson County (part)........  ..............  .......................
That portion within Jefferson    ..............  .......................
 County described by connecting
 the following four sets of UTM
 coordinates moving in a
 clockwise manner:
(Herculaneum USGS Quadrangle),   ..............  .......................
 718360.283, 4250477.056,
 729301.869, 4250718.415,
 729704.134, 4236840.30,
 718762.547, 4236558.715.
(Festus USGS Quadrangle),        ..............  .......................
 718762.547, 4236558.715,
 729704.134, 4236840.30,
 730066.171, 4223042.637,
 719124.585, 4222680.6.
(Selma USGS Quadrangle),         ..............  .......................
 729704.134, 4236840.30,
 730428.209, 4236840.3,
 741047.984, 4223283.996,
 730066.171, 4223042.637.
(Valmeyer USGS Quadrangle),      ..............  .......................
 729301.869, 4250718.415,
 731474.096, 4250798.868,
 730428.209, 4236840.3,
 729704.134, 4236840.30.
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise
  specified. EPA is not determining the boundaries of any area of Indian
  country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in
  the designation area is not a determination that the state has
  regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *

[FR Doc. 2022-01645 Filed 1-27-22; 8:45 am]
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