Approval and Promulgation of Air Quality Implementation Plans; Illinois; Missouri; Saint Louis Nonattainment Area; Determination of Attainment of the 1997 Annual Fine Particle Standard, 29652-29656 [2011-12480]
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0034; FRL–9309–6]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Missouri; Saint Louis Nonattainment
Area; Determination of Attainment of
the 1997 Annual Fine Particle Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action
determining that the Saint Louis fine
particle (PM2.5) nonattainment area in
Illinois and Missouri has attained the
1997 annual PM2.5 National Ambient
Air Quality Standard (NAAQS). This
final determination of attainment is
based upon quality assured, quality
controlled, and certified ambient air
monitoring data for the 2007–2009
monitoring period which show that the
Saint Louis area has monitored
attainment of the 1997 annual PM2.5
NAAQS, as well as quality assured data
for 2010 that are in EPA’s Air Quality
System (AQS), but not yet certified, that
show that the Saint Louis area has
continued to monitor attainment of the
1997 annual PM2.5 NAAQS. Pursuant to
EPA’s PM2.5 implementation
regulations, this final determination
suspends the states’ obligation to submit
a number of plans for this area
including: An attainment
demonstration, associated reasonably
available control measures (RACM),
including reasonably available control
technology (RACT), a reasonable further
progress plan, contingency measures,
and other planning State
Implementation Plan (SIP) revisions
related to attainment of the 1997 annual
PM2.5 NAAQS for so long as the area
continues to attain the 1997 annual
PM2.5 NAAQS.
EPA’s determination that this area has
attained the 1997 annual PM2.5 NAAQS
is not equivalent to redesignating the
area to attainment. The designation of
the area will remain nonattainment for
the 1997 annual PM2.5 NAAQS until
such time as EPA determines that this
area meets the Clean Air Act (CAA)
requirements for redesignation to
attainment.
DATES: This final rule is effective on
May 23, 2011.
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SUMMARY:
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EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2010–0034. All
documents in the docket are listed on
the www.regulations.gov Web site.
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 either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
ADDRESSES:
[FR Doc. 2011–12513 Filed 5–20–11; 8:45 am]
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Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
You may also contact Michael Jay, Air
Planning and Development Branch,
Environmental Protection Agency,
Region 7, 901 North Fifth Street, Kansas
City, Kansas 66101, (913) 551–7460,
jay.michael@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. What is the background of this action?
III. What is EPA’s analysis of the relevant air
quality data?
IV. What are EPA’s responses to public
comments?
V. What are the effects of this action?
VI. When is this rule effective?
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination
that the Saint Louis PM2.5
nonattainment area, in the States of
Missouri and Illinois, has attained the
1997 annual PM2.5 NAAQS. EPA
published its proposed determination
for the Saint Louis PM2.5 nonattainment
area on March 7, 2011 (76 FR 12302).
EPA received one set of comments on its
proposal from the Interdisciplinary
Environmental Clinic, Washington
University School of Law on behalf of
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the American Bottom Conservancy.
These comments and EPA’s responses
are found in Section IV of this notice.
As set forth in the proposal, EPA’s
determination is based upon quality
assured, quality controlled, and certified
ambient air monitoring data from the
2007–2009 monitoring period and
additional quality assured, quality
controlled data in AQS for 2010 which
show that the Saint Louis area has
monitored attainment of the 1997
annual PM2.5 NAAQS.
II. What is the background of this
action?
The proposed rule (76 FR 12302,
March 7, 2011) sets forth the
background of this action. The proposed
rule describes the pertinent PM2.5
NAAQS, the designation of the Saint
Louis area as nonattainment for the
1997 annual PM2.5 NAAQS, and the
effect of determining attainment of this
standard on the suspension of
attainment-related planning
requirements. Details are provided in
the notice of proposed rulemaking.
III. What is EPA’s analysis of the
relevant air quality data?
In its proposal (76 FR 12302, March
7, 2011), EPA evaluated data recorded
in the AQS database for the Saint Louis
PM2.5 nonattainment area from 2007 to
2009. Eight monitoring sites in the
nonattainment area presented complete
data. The highest design value at these
sites was 14.1 μg/m3 at monitor 17–119–
1007 in Madison County, Illinois. EPA
concluded that the Saint Louis area has
attained the 1997 annual PM2.5 NAAQS
based on its evaluation of quality
assured and certified data from the area
monitoring sites with complete data for
the 2007–2009 monitoring period.
Supplemental, supporting air quality
data were also considered, as discussed
in the proposed rule.
The historical certified data recorded
at the monitors that were discontinued
during the 2007–2009 monitoring
period and recent certified data
recorded at monitors that started
operation during the period provide
additional support for EPA’s
determination that the Saint Louis area
has attained the 1997 annual PM2.5
NAAQS.
EPA also considered additional
monitoring data for 2010 that have been
submitted by the states and are in AQS,
although not yet certified. The 2010 data
indicate that the Saint Louis area
continues in attainment for the 2008–
2010 monitoring period. EPA believes
that these data show that the area
continues to meet the 1997 annual PM2.5
NAAQS.
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IV. What are EPA’s responses to public
comments?
On March 7, 2011, EPA proposed to
determine that the Saint Louis PM2.5
nonattainment area has attained the
1997 annual PM2.5 NAAQS (76 FR
12302). EPA received one comment
letter on the proposed approval, from
the Interdisciplinary Environmental
Clinic at Washington University Law
School, on behalf of the American
Bottom Conservancy (ABC). Below we
set forth a summary of ABC’s comments
and EPA’s responses.
Comment: The commenter contends
that U.S. Steel-Granite City Works
(USS–GCW) is a significant source of
PM2.5 emissions in the Saint Louis area,
and that the plant’s operations raise
environmental justice concerns. The
commenter states that a large number of
low income and minority residents near
USS–GCW are affected by the air quality
resulting from the plant’s substantial
PM2.5 emissions.
Response: As stated in our proposal,
the 2007–2009 design value for the
monitor closest to the USS–GCW plant,
monitor 17–119–1007 in Granite City, is
14.1 μg/m3, which meets the NAAQS.
We further found that 2010 monitoring
data indicate that the 2008–2010 design
values from monitor 17–119–1007 and
also from another Granite City monitor
close to the plant, 17–119–0024, that
began operating in July 2007, show
attainment of the NAAQS. In addition to
these monitors in Granite City, air
quality is measured at more monitors in
Madison County (Alton and Wood
River) as well as by monitors in the
adjacent Saint Clair County and
elsewhere throughout the area. See
Section III of the proposed rule for more
detail, at 76 FR 12303. These monitors
measure PM2.5 concentrations in the
ambient air—the air people breathe. The
annual PM2.5 standard was set to protect
the public from long-term fine
particulate exposure. EPA’s obligation,
in this rulemaking, is solely to
determine whether quality assured
monitored data for the most recent
three-year period show that the Saint
Louis area is meeting the annual PM2.5
NAAQS. Monitored attainment of the
standard is the only basis of a
determination of attainment or
nonattainment, and it is the only
relevant issue. EPA’s role in this
rulemaking is limited to making the
determination in accordance with the
requirements of the CAA and EPA
regulations. See 40 CFR 50.13 and 40
CFR 50 Appendix N. Should the plant’s
operations or any other source of
emissions at any time in the future
result in monitored nonattainment of
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the standard, in accordance with the
statute and EPA regulations, then EPA
will take action, through notice and
comment rulemaking, to withdraw this
determination. Thus, people who live or
work in Granite City or surrounding
towns will be protected if the air quality
falls back into nonattainment.
EPA reviewed air quality data
throughout the Saint Louis area,
including environmental justice areas
and other areas alike, and EPA is
determining that the Saint Louis area is
attaining the standard only because we
find that all portions of the area are
meeting the standard. This means that
the health of citizens who live or work
in environmental justice communities is
protected just as the health of citizens
who live or work elsewhere in the area
is protected.
Comment: ‘‘The highest ambient PM2.5
air monitoring values in [the Saint Louis
area] consistently have been associated
with monitor 17–119–1007 in Madison
County, Illinois, just a few blocks from
USS–GCW. The facility is a significant
source of PM2.5 and has been identified
[by Illinois] as a contributor to PM2.5
nonattainment’’ at the monitor.
Response: EPA agrees that Madison
County, Illinois monitors have generally
recorded the highest ambient PM2.5
concentrations in the Saint Louis area.
In addition to monitor 17–119–1007,
area high values have been recorded at
monitor 17–119–0024. Both monitors
are in Granite City near USS–GCW.
Nevertheless, the two most recent threeyear periods of data (2007–2009 and
2008–2010) show that all area monitors,
including monitors 17–119–0024 and
17–119–1007 in Granite City, are
meeting the annual PM2.5 standard. For
the monitor of greatest concern to the
commenter, EPA calculated the 2008–
2010 design value as 13.8 μg/m3, which
is the area’s highest design value. This
supports EPA’s determination that the
Saint Louis area continues to meet the
annual PM2.5 NAAQS.
Comment: The commenter argues that
the proposed determination of
attainment is based on air quality data
that are unrepresentative of air quality
during ‘‘normal’’ operation of the USS–
GCW facility. The commenter asserts
that the period of USS–GCW’s
shutdown from the end of 2008 through
a substantial portion of 2009 is
associated with considerably lower than
normal ambient PM2.5 values, based on
data from monitor 17–119–1007. Thus,
the commenter claims that the apparent
finding of attainment is ‘‘illusory’’
because it is dependent on air data
gathered during the plant shutdown that
the commenter believes are not
indicative of USS–GCW’s true impact
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on the air quality and risks to public
health in the community. ABC asks that
EPA reconsider its decision to make a
determination of attainment for the
Saint Louis area for the 1997 annual
PM2.5 NAAQS based on the
unrepresentative period from 2007–
2009.
ABC also noted that steel production
at USS–GCW remained relatively
constant between 2004 and 2008 with
annual production of 2,294,000 to
2,545,000 tons. The commenter states
that in 2009, steel production dropped
sharply to 906,000 tons because the
plant was closed for a substantial
portion of the year. USS–GCW steel
production then increased significantly
from 2009 to 2010 with the facility
producing 2,539,000 tons of steel in
2010. The commenter asserts that as a
result, ambient air quality PM2.5
concentrations near the USS–GCW
facility increased in 2010 as well.
Response: First, EPA notes that the
commenter concedes that air quality
data for 2007–2009 for the Saint Louis
area meet the 1997 annual PM2.5
NAAQS. The commenter argues,
however, that these data are not
‘‘representative’’ of air quality in the
area. While EPA agrees that the 2009 air
quality values monitored in the Saint
Louis area generally were lower than the
2007, 2008, and 2010 values recorded at
the same monitors, EPA disagrees with
the commenter’s position that this
should prevent EPA from determining
that the Saint Louis area is meeting the
1997 annual PM2.5 standard. A
determination of attainment under 40
CFR 50 Appendix N is based on an
analysis of the three most recent years
of complete, quality assured monitoring
data. These data by definition are
representative of air quality during the
requisite period. And here, EPA
determined that both 2007 to 2009 data
and 2008 to 2010 data indicate that the
area is attaining the standard.
A determination of attainment centers
on the monitored air quality during a
specific time period. The underlying
causes of the monitored values are not
relevant to the determination.
Maintenance of the standard in the
future is also not relevant to an
assessment of current attainment. The
ability of an area to maintain attainment
of the NAAQS is reserved for
consideration as a required element for
EPA approval of an area’s redesignation
request, and is a question that is
separate from and independent of a
determination of attainment. See CAA
section 107(d)(3)(E), listing separately
among the requirements for
redesignation a determination of
attainment and an approved
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maintenance plan. Even after EPA
finalizes a determination of attainment
for the Saint Louis area, the area
remains designated nonattainment, and
the determination is subject to revision
if in the future EPA determines that the
air quality in the area once again fails
to meet the standard.
We note that the monitored ambient
PM2.5 levels rose from 2009 to 2010, but
they did not reach the levels above the
standard that had been recorded a few
years earlier. The Granite City monitor
17–119–1007 recorded an 11.3 μg/m3
annual PM2.5 average in 2009 and the
data in EPA’s AQS for 2010 show an
annual average of 14.3 μg/m3. This 2010
value is below the standard and less
than the annual averages of 15.1 μg/m3
in 2007 and 15.7 μg/m3 in 2008 at
monitor 17–119–1007, when the plant
was also operating at a level of
production that the commenter regards
as ‘‘normal.’’ For a determination of
attainment of the annual PM2.5 NAAQS,
the design value is calculated using the
arithmetic mean of three consecutive
annual averages, such as 2007–2009 or
2008–2010. However, for the sole
purpose of showing what the air quality
might have been without the impact of
the plant shutdown, EPA calculated the
mean using the annual averages from
the three most recent years when USS–
GCW had ‘‘normal’’ steel production,
i.e., 2007, 2008, and 2010. The mean
derived from this calculation, 15.0 μg/
m3, meets the level of the 1997 PM2.5
annual standard. While this calculated
value does not obey the requirement to
use consecutive years and thus is not a
design value that can be compared to
the NAAQS for regulatory purposes, it
does provide reassurance that data from
recent years during which the plant
operated at higher levels of production
do not undermine EPA’s determination,
using the appropriate design value, that
the Saint Louis area attains the annual
PM2.5 NAAQS.
EPA also notes the design values
history in the Saint Louis area. The
2008–2010 design values appear likely
to be similar to or even a little lower
than the 2007–2009 design values. Most
significantly, despite any increase in
2010 values from the 2009 values, the
air quality meets the 1997 annual PM2.5
standard. The historic design values at
monitor 17–119–1007, which is closest
to USS–GCW, are shown on Table 1.
The 2008–2010 design value in Table 1
was calculated using quality assured but
not yet certified 2010 data.
TABLE 1—ANNUAL PM2.5 DESIGN VALUES AT 17–119–1007
Years
2001–2003
2002–2004
2003–2005
2004–2006
2005–2007
2006–2008
2007–2009
2008–2010
Value ..................................
17.5 μg/m3
16.9
17.0
16.6
16.5
15.7
14.1
* 13.8
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* Value calculated with quality assured, but uncertified 2010 data.
Table 1 shows the design values have
decreased from values above 16 μg/m3
to 15.7 μg/m3 in 2006–2008. That is,
these data suggest a downward trend in
PM2.5 concentrations even in years with
similar levels of steel production at
USS–GCW, suggesting that air quality
has improved as a result of long-term
emission reductions from sources
throughout the Saint Louis area and
elsewhere. See also EPA’s response to
the comment below. Nevertheless, as we
noted before, a determination of
attainment is a straightforward
assessment of air quality during a
particular time period. EPA is not
required, when making a determination
of attainment, to account for the causes
of attainment or to show that attainment
is due to permanent and enforceable
emissions reductions. That showing,
like maintenance, is a specific
requirement for redesignation of an area
to attainment, and independent of a
determination of attainment. EPA will
consider this requirement for
redesignation at such time as the states
submit any requests for redesignation. It
is not, however, a relevant requirement
in this rulemaking. Compare section
107(d)(3)(E) (i) and (iii).
Comment: ABC commented that, ‘‘Not
only is USS–GCW a significant source of
PM2.5 in the [Saint Louis] area, but the
facility has a history of air pollution
noncompliance. Regardless of EPA’s
determination of attainment, ABC urges
‘‘EPA and IEPA to be vigilant about
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enforcing CAA violations at USS–GCW
to reduce the threats of air pollution to
the surrounding community.’’ ABC
noted some enforcement actions taken
at USS–GCW. ABC concluded by asking
EPA ‘‘to use all legal authorities to
protect the community from excessive
PM2.5 emissions.’’
Response: A determination of
attainment is simply an evaluation of
the ambient air quality data that are
compared to the NAAQS. For the Saint
Louis area, EPA has determined that the
most recent air quality data establish
that the area meets the 1997 PM2.5
NAAQS. The evaluation is not required
to consider the emission limits or
compliance history of sources. The
determination of attainment does not
express or imply any EPA position on
the compliance history of USS–GCW.
EPA is also working with Illinois and
Missouri to seek additional emission
reductions to continue to improve the
air quality in the Saint Louis area. For
example, important steps toward further
control of USS–GCW are provided in
the Memorandum of Understanding
(MOU) that U.S. Steel and Illinois
signed on June 30 and July 1, 2010,
respectively. This agreement is expected
to provide significant reductions of
PM2.5 emissions from USS–GCW by the
start of 2012 and again in spring 2013.
Although some MOU conditions to aid
compliance are already in place,
particulate matter emission limits on
several units are effective beginning
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January 1, 2012, and on additional units
starting March 31, 2013.
EPA stated in the proposed rule and
has reiterated in this final rule that this
determination of attainment is not a
redesignation. The Saint Louis area
remains designated nonattainment. For
the area to be redesignated to
attainment, Illinois and Missouri must
show that the improvement in air
quality is due to permanent and
enforceable emissions reductions, and
EPA must fully approve a maintenance
plan meeting the requirements of
section 175A of the CAA. Thus, in any
PM2.5 redesignation request that Illinois
or Missouri submits for this area, the
state would be required to demonstrate,
among other things, that controls at
USS–GCW and other sources in the area
and upwind are sufficient to assure that
the area will continue to attain the
standard for at least 10 years beyond the
date of the redesignation.
V. What are the effects of this action?
This determination suspends, under
the provisions of the PM2.5
Implementation Rule (40 CFR
51.1004(c)), the requirements for the
Saint Louis PM2.5 nonattainment area
and the States of Illinois and Missouri
to submit attainment demonstrations,
RACM (including RACT), reasonable
further progress plans, contingency
measures, and other planning SIPs
revisions related to attainment of the
1997 annual PM2.5 NAAQS provided
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that the area continues to attain the
1997 annual PM2.5 NAAQS.
As discussed further, final approval of
the determination of attainment for the
Saint Louis PM2.5 nonattainment area:
(1) Suspends the obligation for Missouri
and Illinois to submit the requirements
listed above; (2) continues such
suspension until such time, if any, that
EPA subsequently determines that any
monitor in the area has violated the
1997 annual PM2.5 NAAQS; and, (3) is
separate from, and will not influence or
otherwise affect, any future designation
determination or requirements for the
Saint Louis PM2.5 nonattainment area
based on the 2006 24-hour PM2.5
NAAQS or future PM2.5 NAAQ revision.
Final approval also suspends the
sanction and Federal Implementation
Plan (FIP) timetables for Illinois that
were started on November 27, 2009
(EPA found in a November 27, 2009
Final Rule (74 FR 62251), that Illinois
failed to submit a plan with the
elements listed in the previous
paragraph for the Saint Louis PM2.5
nonattainment area). If, in the future,
EPA determines, after notice-andcomment rulemaking in the Federal
Register, that the area has violated the
1997 annual PM2.5 NAAQS, the basis for
the suspension of the specific
requirements, set forth above, would no
longer exist, and the States of Missouri
and Illinois would thereafter have to
address the pertinent requirements. The
suspension of the sanction and FIP
timetables would also end and those
timetables would begin again at the
point at which they were suspended.
This rulemaking action is limited to a
determination that the air quality data
show that the Saint Louis PM2.5
nonattainment area has monitored
attainment of the 1997 annual PM2.5
NAAQS, and it is not equivalent to the
redesignation of the Saint Louis PM2.5
nonattainment area to attainment of the
1997 annual PM2.5 NAAQS. It is not a
redesignation to attainment under
section 107(d)(3) of the CAA because
the EPA has not yet approved a
maintenance plan for the area as
required under CAA section 175A, nor
a determination that the Saint Louis
PM2.5 nonattainment area has met the
other requirements for redesignation
under the CAA. The designation status
of the Missouri and Illinois portions of
the Saint Louis PM2.5 nonattainment
area will remain nonattainment for the
1997 annual PM2.5 NAAQS until such
time as the EPA takes final rulemaking
action to determine that such portions
meet the CAA requirements for
redesignation to attainment.
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VI. When is this rule effective?
EPA finds that there is good cause for
this determination of attainment to
become effective on the date of
publication of this action in the Federal
Register, because a delayed effective
date is unnecessary due to the nature of
the action. The expedited effective date
for this action is authorized under both
5 U.S.C. 553(d)(1), which provides that
rule actions may become effective less
than 30 days after publication if the rule
‘‘grants or recognizes an exemption or
relieves a restriction,’’ and 5 U.S.C.
553(d)(3), which allows an effective date
less than 30 days after publication ‘‘as
otherwise provided by the agency for
good cause found and published with
the rule.’’ As noted above, this
determination of attainment will result
in a suspension of the requirements for
the Saint Louis area to submit an
attainment demonstration, a RFP plan,
section 172(c)(9) contingency measures,
and any other planning SIPs related to
attainment of the 1997 annual PM2.5
NAAQS for so long as the area
continues to attain the PM2.5 NAAQS.
The suspension of these requirements is
sufficient reason to allow an expedited
effective date of this rule under 5 U.S.C.
553(d)(1). This determination of
attainment will also suspend the
sanction and FIP timetables for Illinois
on the effective date of this rule. In
addition, the suspension of the
obligations of Illinois and Missouri to
make submissions for these
requirements provides good cause to
make this rule effective on the date of
publication of this action in the Federal
Register, pursuant to 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting
period prescribed in 5 U.S.C. 553(d) is
to give affected parties a reasonable time
to adjust their behavior and prepare
before the final rule takes effect. Where,
as here, the final rule suspends
requirements rather than imposing
obligations, affected parties, such as the
Saint Louis area, do not need time to
adjust and prepare before the rule takes
effect.
VII. Statutory and Executive Order
Reviews
This action makes a determination of
attainment based on air quality, and
results in the suspension of certain
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 Order 12866 (58 FR 51735,
October 4, 1993);
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29655
• 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
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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
E:\FR\FM\23MYR1.SGM
23MYR1
29656
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 22, 2011. 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: May 10, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: May 16, 2011.
Karl Brooks,
Regional Administrator, Region 7.
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
SUMMARY:
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
2. Section 52.725 is amended by
adding paragraph (k) to read as follows:
■
Control strategy: Particulates.
*
*
*
*
*
(k) Determination of Attainment. EPA
has determined, as of May 23, 2011, that
the Saint Louis, Illinois-Missouri 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.
Subpart AA—Missouri
3. Subpart AA is amended by adding
§ 52.1341 to read as follows:
■
jdjones on DSK8KYBLC1PROD with RULES
Federal Emergency Management
Agency
AGENCY:
1. The authority citation for part 52
continues to read as follows:
Control strategy: Particulate
Determination of Attainment. EPA
has determined, as of May 23, 2011, that
the Saint Louis, Illinois-Missouri PM2.5
nonattainment area has attained the
14:49 May 20, 2011
DEPARTMENT OF HOMELAND
SECURITY
Final Flood Elevation Determinations
■
VerDate Mar<15>2010
BILLING CODE 6560–50–P
[Docket ID FEMA–2011–0002]
PART 52—[AMENDED]
§ 52.1341
Matter.
[FR Doc. 2011–12480 Filed 5–20–11; 8:45 am]
44 CFR Part 67
40 CFR part 52 is amended as follows:
§ 52.725
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.
Jkt 223001
The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
ADDRESSES: The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
DATES:
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community.The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This final rule involves no policies that
have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Accordingly, 44 CFR part 67 is
amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
E:\FR\FM\23MYR1.SGM
23MYR1
]]>Agencies
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29652-29656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12480]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0034; FRL-9309-6]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Missouri; Saint Louis Nonattainment Area; Determination of
Attainment of the 1997 Annual Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action determining that the Saint Louis fine particle
(PM2.5) nonattainment area in Illinois and Missouri has
attained the 1997 annual PM2.5 National Ambient Air Quality
Standard (NAAQS). This final determination of attainment is based upon
quality assured, quality controlled, and certified ambient air
monitoring data for the 2007-2009 monitoring period which show that the
Saint Louis area has monitored attainment of the 1997 annual
PM2.5 NAAQS, as well as quality assured data for 2010 that
are in EPA's Air Quality System (AQS), but not yet certified, that show
that the Saint Louis area has continued to monitor attainment of the
1997 annual PM2.5 NAAQS. Pursuant to EPA's PM2.5
implementation regulations, this final determination suspends the
states' obligation to submit a number of plans for this area including:
An attainment demonstration, associated reasonably available control
measures (RACM), including reasonably available control technology
(RACT), a reasonable further progress plan, contingency measures, and
other planning State Implementation Plan (SIP) revisions related to
attainment of the 1997 annual PM2.5 NAAQS for so long as the
area continues to attain the 1997 annual PM2.5 NAAQS.
EPA's determination that this area has attained the 1997 annual
PM2.5 NAAQS is not equivalent to redesignating the area to
attainment. The designation of the area will remain nonattainment for
the 1997 annual PM2.5 NAAQS until such time as EPA
determines that this area meets the Clean Air Act (CAA) requirements
for redesignation to attainment.
DATES: This final rule is effective on May 23, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2010-0034. All documents in the docket are listed on
the www.regulations.gov Web site. 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 either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Matt Rau,
Environmental Engineer, at (312) 886-6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@epa.gov. You may also
contact Michael Jay, Air Planning and Development Branch, Environmental
Protection Agency, Region 7, 901 North Fifth Street, Kansas City,
Kansas 66101, (913) 551-7460, jay.michael@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. What is the background of this action?
III. What is EPA's analysis of the relevant air quality data?
IV. What are EPA's responses to public comments?
V. What are the effects of this action?
VI. When is this rule effective?
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination that the Saint Louis
PM2.5 nonattainment area, in the States of Missouri and
Illinois, has attained the 1997 annual PM2.5 NAAQS. EPA
published its proposed determination for the Saint Louis
PM2.5 nonattainment area on March 7, 2011 (76 FR 12302). EPA
received one set of comments on its proposal from the Interdisciplinary
Environmental Clinic, Washington University School of Law on behalf of
the American Bottom Conservancy. These comments and EPA's responses are
found in Section IV of this notice. As set forth in the proposal, EPA's
determination is based upon quality assured, quality controlled, and
certified ambient air monitoring data from the 2007-2009 monitoring
period and additional quality assured, quality controlled data in AQS
for 2010 which show that the Saint Louis area has monitored attainment
of the 1997 annual PM2.5 NAAQS.
II. What is the background of this action?
The proposed rule (76 FR 12302, March 7, 2011) sets forth the
background of this action. The proposed rule describes the pertinent
PM2.5 NAAQS, the designation of the Saint Louis area as
nonattainment for the 1997 annual PM2.5 NAAQS, and the
effect of determining attainment of this standard on the suspension of
attainment-related planning requirements. Details are provided in the
notice of proposed rulemaking.
III. What is EPA's analysis of the relevant air quality data?
In its proposal (76 FR 12302, March 7, 2011), EPA evaluated data
recorded in the AQS database for the Saint Louis PM2.5
nonattainment area from 2007 to 2009. Eight monitoring sites in the
nonattainment area presented complete data. The highest design value at
these sites was 14.1 [micro]g/m\3\ at monitor 17-119-1007 in Madison
County, Illinois. EPA concluded that the Saint Louis area has attained
the 1997 annual PM2.5 NAAQS based on its evaluation of
quality assured and certified data from the area monitoring sites with
complete data for the 2007-2009 monitoring period. Supplemental,
supporting air quality data were also considered, as discussed in the
proposed rule.
The historical certified data recorded at the monitors that were
discontinued during the 2007-2009 monitoring period and recent
certified data recorded at monitors that started operation during the
period provide additional support for EPA's determination that the
Saint Louis area has attained the 1997 annual PM2.5 NAAQS.
EPA also considered additional monitoring data for 2010 that have
been submitted by the states and are in AQS, although not yet
certified. The 2010 data indicate that the Saint Louis area continues
in attainment for the 2008-2010 monitoring period. EPA believes that
these data show that the area continues to meet the 1997 annual
PM2.5 NAAQS.
[[Page 29653]]
IV. What are EPA's responses to public comments?
On March 7, 2011, EPA proposed to determine that the Saint Louis
PM2.5 nonattainment area has attained the 1997 annual
PM2.5 NAAQS (76 FR 12302). EPA received one comment letter
on the proposed approval, from the Interdisciplinary Environmental
Clinic at Washington University Law School, on behalf of the American
Bottom Conservancy (ABC). Below we set forth a summary of ABC's
comments and EPA's responses.
Comment: The commenter contends that U.S. Steel-Granite City Works
(USS-GCW) is a significant source of PM2.5 emissions in the
Saint Louis area, and that the plant's operations raise environmental
justice concerns. The commenter states that a large number of low
income and minority residents near USS-GCW are affected by the air
quality resulting from the plant's substantial PM2.5
emissions.
Response: As stated in our proposal, the 2007-2009 design value for
the monitor closest to the USS-GCW plant, monitor 17-119-1007 in
Granite City, is 14.1 [micro]g/m\3\, which meets the NAAQS. We further
found that 2010 monitoring data indicate that the 2008-2010 design
values from monitor 17-119-1007 and also from another Granite City
monitor close to the plant, 17-119-0024, that began operating in July
2007, show attainment of the NAAQS. In addition to these monitors in
Granite City, air quality is measured at more monitors in Madison
County (Alton and Wood River) as well as by monitors in the adjacent
Saint Clair County and elsewhere throughout the area. See Section III
of the proposed rule for more detail, at 76 FR 12303. These monitors
measure PM2.5 concentrations in the ambient air--the air
people breathe. The annual PM2.5 standard was set to protect
the public from long-term fine particulate exposure. EPA's obligation,
in this rulemaking, is solely to determine whether quality assured
monitored data for the most recent three-year period show that the
Saint Louis area is meeting the annual PM2.5 NAAQS.
Monitored attainment of the standard is the only basis of a
determination of attainment or nonattainment, and it is the only
relevant issue. EPA's role in this rulemaking is limited to making the
determination in accordance with the requirements of the CAA and EPA
regulations. See 40 CFR 50.13 and 40 CFR 50 Appendix N. Should the
plant's operations or any other source of emissions at any time in the
future result in monitored nonattainment of the standard, in accordance
with the statute and EPA regulations, then EPA will take action,
through notice and comment rulemaking, to withdraw this determination.
Thus, people who live or work in Granite City or surrounding towns will
be protected if the air quality falls back into nonattainment.
EPA reviewed air quality data throughout the Saint Louis area,
including environmental justice areas and other areas alike, and EPA is
determining that the Saint Louis area is attaining the standard only
because we find that all portions of the area are meeting the standard.
This means that the health of citizens who live or work in
environmental justice communities is protected just as the health of
citizens who live or work elsewhere in the area is protected.
Comment: ``The highest ambient PM2.5 air monitoring
values in [the Saint Louis area] consistently have been associated with
monitor 17-119-1007 in Madison County, Illinois, just a few blocks from
USS-GCW. The facility is a significant source of PM2.5 and
has been identified [by Illinois] as a contributor to PM2.5
nonattainment'' at the monitor.
Response: EPA agrees that Madison County, Illinois monitors have
generally recorded the highest ambient PM2.5 concentrations
in the Saint Louis area. In addition to monitor 17-119-1007, area high
values have been recorded at monitor 17-119-0024. Both monitors are in
Granite City near USS-GCW. Nevertheless, the two most recent three-year
periods of data (2007-2009 and 2008-2010) show that all area monitors,
including monitors 17-119-0024 and 17-119-1007 in Granite City, are
meeting the annual PM2.5 standard. For the monitor of
greatest concern to the commenter, EPA calculated the 2008-2010 design
value as 13.8 [micro]g/m\3\, which is the area's highest design value.
This supports EPA's determination that the Saint Louis area continues
to meet the annual PM2.5 NAAQS.
Comment: The commenter argues that the proposed determination of
attainment is based on air quality data that are unrepresentative of
air quality during ``normal'' operation of the USS-GCW facility. The
commenter asserts that the period of USS-GCW's shutdown from the end of
2008 through a substantial portion of 2009 is associated with
considerably lower than normal ambient PM2.5 values, based
on data from monitor 17-119-1007. Thus, the commenter claims that the
apparent finding of attainment is ``illusory'' because it is dependent
on air data gathered during the plant shutdown that the commenter
believes are not indicative of USS-GCW's true impact on the air quality
and risks to public health in the community. ABC asks that EPA
reconsider its decision to make a determination of attainment for the
Saint Louis area for the 1997 annual PM2.5 NAAQS based on
the unrepresentative period from 2007-2009.
ABC also noted that steel production at USS-GCW remained relatively
constant between 2004 and 2008 with annual production of 2,294,000 to
2,545,000 tons. The commenter states that in 2009, steel production
dropped sharply to 906,000 tons because the plant was closed for a
substantial portion of the year. USS-GCW steel production then
increased significantly from 2009 to 2010 with the facility producing
2,539,000 tons of steel in 2010. The commenter asserts that as a
result, ambient air quality PM2.5 concentrations near the
USS-GCW facility increased in 2010 as well.
Response: First, EPA notes that the commenter concedes that air
quality data for 2007-2009 for the Saint Louis area meet the 1997
annual PM2.5 NAAQS. The commenter argues, however, that
these data are not ``representative'' of air quality in the area. While
EPA agrees that the 2009 air quality values monitored in the Saint
Louis area generally were lower than the 2007, 2008, and 2010 values
recorded at the same monitors, EPA disagrees with the commenter's
position that this should prevent EPA from determining that the Saint
Louis area is meeting the 1997 annual PM2.5 standard. A
determination of attainment under 40 CFR 50 Appendix N is based on an
analysis of the three most recent years of complete, quality assured
monitoring data. These data by definition are representative of air
quality during the requisite period. And here, EPA determined that both
2007 to 2009 data and 2008 to 2010 data indicate that the area is
attaining the standard.
A determination of attainment centers on the monitored air quality
during a specific time period. The underlying causes of the monitored
values are not relevant to the determination. Maintenance of the
standard in the future is also not relevant to an assessment of current
attainment. The ability of an area to maintain attainment of the NAAQS
is reserved for consideration as a required element for EPA approval of
an area's redesignation request, and is a question that is separate
from and independent of a determination of attainment. See CAA section
107(d)(3)(E), listing separately among the requirements for
redesignation a determination of attainment and an approved
[[Page 29654]]
maintenance plan. Even after EPA finalizes a determination of
attainment for the Saint Louis area, the area remains designated
nonattainment, and the determination is subject to revision if in the
future EPA determines that the air quality in the area once again fails
to meet the standard.
We note that the monitored ambient PM2.5 levels rose
from 2009 to 2010, but they did not reach the levels above the standard
that had been recorded a few years earlier. The Granite City monitor
17-119-1007 recorded an 11.3 [micro]g/m\3\ annual PM2.5
average in 2009 and the data in EPA's AQS for 2010 show an annual
average of 14.3 [micro]g/m\3\. This 2010 value is below the standard
and less than the annual averages of 15.1 [micro]g/m\3\ in 2007 and
15.7 [micro]g/m\3\ in 2008 at monitor 17-119-1007, when the plant was
also operating at a level of production that the commenter regards as
``normal.'' For a determination of attainment of the annual
PM2.5 NAAQS, the design value is calculated using the
arithmetic mean of three consecutive annual averages, such as 2007-2009
or 2008-2010. However, for the sole purpose of showing what the air
quality might have been without the impact of the plant shutdown, EPA
calculated the mean using the annual averages from the three most
recent years when USS-GCW had ``normal'' steel production, i.e., 2007,
2008, and 2010. The mean derived from this calculation, 15.0 [micro]g/
m\3\, meets the level of the 1997 PM2.5 annual standard.
While this calculated value does not obey the requirement to use
consecutive years and thus is not a design value that can be compared
to the NAAQS for regulatory purposes, it does provide reassurance that
data from recent years during which the plant operated at higher levels
of production do not undermine EPA's determination, using the
appropriate design value, that the Saint Louis area attains the annual
PM2.5 NAAQS.
EPA also notes the design values history in the Saint Louis area.
The 2008-2010 design values appear likely to be similar to or even a
little lower than the 2007-2009 design values. Most significantly,
despite any increase in 2010 values from the 2009 values, the air
quality meets the 1997 annual PM2.5 standard. The historic
design values at monitor 17-119-1007, which is closest to USS-GCW, are
shown on Table 1. The 2008-2010 design value in Table 1 was calculated
using quality assured but not yet certified 2010 data.
Table 1--Annual PM2.5 Design Values at 17-119-1007
--------------------------------------------------------------------------------------------------------------------------------------------------------
Years 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 2006-2008 2007-2009 2008-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Value................................ 17.5 [micro]g/m\3\ 16.9 17.0 16.6 16.5 15.7 14.1 * 13.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Value calculated with quality assured, but uncertified 2010 data.
Table 1 shows the design values have decreased from values above 16
[micro]g/m\3\ to 15.7 [micro]g/m\3\ in 2006-2008. That is, these data
suggest a downward trend in PM2.5 concentrations even in
years with similar levels of steel production at USS-GCW, suggesting
that air quality has improved as a result of long-term emission
reductions from sources throughout the Saint Louis area and elsewhere.
See also EPA's response to the comment below. Nevertheless, as we noted
before, a determination of attainment is a straightforward assessment
of air quality during a particular time period. EPA is not required,
when making a determination of attainment, to account for the causes of
attainment or to show that attainment is due to permanent and
enforceable emissions reductions. That showing, like maintenance, is a
specific requirement for redesignation of an area to attainment, and
independent of a determination of attainment. EPA will consider this
requirement for redesignation at such time as the states submit any
requests for redesignation. It is not, however, a relevant requirement
in this rulemaking. Compare section 107(d)(3)(E) (i) and (iii).
Comment: ABC commented that, ``Not only is USS-GCW a significant
source of PM2.5 in the [Saint Louis] area, but the facility
has a history of air pollution noncompliance. Regardless of EPA's
determination of attainment, ABC urges ``EPA and IEPA to be vigilant
about enforcing CAA violations at USS-GCW to reduce the threats of air
pollution to the surrounding community.'' ABC noted some enforcement
actions taken at USS-GCW. ABC concluded by asking EPA ``to use all
legal authorities to protect the community from excessive
PM2.5 emissions.''
Response: A determination of attainment is simply an evaluation of
the ambient air quality data that are compared to the NAAQS. For the
Saint Louis area, EPA has determined that the most recent air quality
data establish that the area meets the 1997 PM2.5 NAAQS. The
evaluation is not required to consider the emission limits or
compliance history of sources. The determination of attainment does not
express or imply any EPA position on the compliance history of USS-GCW.
EPA is also working with Illinois and Missouri to seek additional
emission reductions to continue to improve the air quality in the Saint
Louis area. For example, important steps toward further control of USS-
GCW are provided in the Memorandum of Understanding (MOU) that U.S.
Steel and Illinois signed on June 30 and July 1, 2010, respectively.
This agreement is expected to provide significant reductions of
PM2.5 emissions from USS-GCW by the start of 2012 and again
in spring 2013. Although some MOU conditions to aid compliance are
already in place, particulate matter emission limits on several units
are effective beginning January 1, 2012, and on additional units
starting March 31, 2013.
EPA stated in the proposed rule and has reiterated in this final
rule that this determination of attainment is not a redesignation. The
Saint Louis area remains designated nonattainment. For the area to be
redesignated to attainment, Illinois and Missouri must show that the
improvement in air quality is due to permanent and enforceable
emissions reductions, and EPA must fully approve a maintenance plan
meeting the requirements of section 175A of the CAA. Thus, in any
PM2.5 redesignation request that Illinois or Missouri
submits for this area, the state would be required to demonstrate,
among other things, that controls at USS-GCW and other sources in the
area and upwind are sufficient to assure that the area will continue to
attain the standard for at least 10 years beyond the date of the
redesignation.
V. What are the effects of this action?
This determination suspends, under the provisions of the
PM2.5 Implementation Rule (40 CFR 51.1004(c)), the
requirements for the Saint Louis PM2.5 nonattainment area
and the States of Illinois and Missouri to submit attainment
demonstrations, RACM (including RACT), reasonable further progress
plans, contingency measures, and other planning SIPs revisions related
to attainment of the 1997 annual PM2.5 NAAQS provided
[[Page 29655]]
that the area continues to attain the 1997 annual PM2.5
NAAQS.
As discussed further, final approval of the determination of
attainment for the Saint Louis PM2.5 nonattainment area: (1)
Suspends the obligation for Missouri and Illinois to submit the
requirements listed above; (2) continues such suspension until such
time, if any, that EPA subsequently determines that any monitor in the
area has violated the 1997 annual PM2.5 NAAQS; and, (3) is
separate from, and will not influence or otherwise affect, any future
designation determination or requirements for the Saint Louis
PM2.5 nonattainment area based on the 2006 24-hour
PM2.5 NAAQS or future PM2.5 NAAQ revision. Final
approval also suspends the sanction and Federal Implementation Plan
(FIP) timetables for Illinois that were started on November 27, 2009
(EPA found in a November 27, 2009 Final Rule (74 FR 62251), that
Illinois failed to submit a plan with the elements listed in the
previous paragraph for the Saint Louis PM2.5 nonattainment
area). If, in the future, EPA determines, after notice-and-comment
rulemaking in the Federal Register, that the area has violated the 1997
annual PM2.5 NAAQS, the basis for the suspension of the
specific requirements, set forth above, would no longer exist, and the
States of Missouri and Illinois would thereafter have to address the
pertinent requirements. The suspension of the sanction and FIP
timetables would also end and those timetables would begin again at the
point at which they were suspended.
This rulemaking action is limited to a determination that the air
quality data show that the Saint Louis PM2.5 nonattainment
area has monitored attainment of the 1997 annual PM2.5
NAAQS, and it is not equivalent to the redesignation of the Saint Louis
PM2.5 nonattainment area to attainment of the 1997 annual
PM2.5 NAAQS. It is not a redesignation to attainment under
section 107(d)(3) of the CAA because the EPA has not yet approved a
maintenance plan for the area as required under CAA section 175A, nor a
determination that the Saint Louis PM2.5 nonattainment area
has met the other requirements for redesignation under the CAA. The
designation status of the Missouri and Illinois portions of the Saint
Louis PM2.5 nonattainment area will remain nonattainment for
the 1997 annual PM2.5 NAAQS until such time as the EPA takes
final rulemaking action to determine that such portions meet the CAA
requirements for redesignation to attainment.
VI. When is this rule effective?
EPA finds that there is good cause for this determination of
attainment to become effective on the date of publication of this
action in the Federal Register, because a delayed effective date is
unnecessary due to the nature of the action. The expedited effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rule actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and 5 U.S.C. 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' As noted
above, this determination of attainment will result in a suspension of
the requirements for the Saint Louis area to submit an attainment
demonstration, a RFP plan, section 172(c)(9) contingency measures, and
any other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS for so long as the area continues to attain the
PM2.5 NAAQS. The suspension of these requirements is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1). This determination of attainment will also
suspend the sanction and FIP timetables for Illinois on the effective
date of this rule. In addition, the suspension of the obligations of
Illinois and Missouri to make submissions for these requirements
provides good cause to make this rule effective on the date of
publication of this action in the Federal Register, pursuant to 5
U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed
in 5 U.S.C. 553(d) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Where, as here, the final rule suspends requirements rather than
imposing obligations, affected parties, such as the Saint Louis area,
do not need time to adjust and prepare before the rule takes effect.
VII. Statutory and Executive Order Reviews
This action makes a determination of attainment based on air
quality, and results in the suspension of certain 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 Order
12866 (58 FR 51735, October 4, 1993);
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 Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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
[[Page 29656]]
action must be filed in the United States Court of Appeals for the
appropriate circuit by July 22, 2011. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: May 10, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: May 16, 2011.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 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 O--Illinois
0
2. Section 52.725 is amended by adding paragraph (k) to read as
follows:
Sec. 52.725 Control strategy: Particulates.
* * * * *
(k) Determination of Attainment. EPA has determined, as of May 23,
2011, that the Saint Louis, Illinois-Missouri 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.
Subpart AA--Missouri
0
3. Subpart AA is amended by adding Sec. 52.1341 to read as follows:
Sec. 52.1341 Control strategy: Particulate Matter.
Determination of Attainment. EPA has determined, as of May 23,
2011, that the Saint Louis, Illinois-Missouri 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.
[FR Doc. 2011-12480 Filed 5-20-11; 8:45 am]
BILLING CODE 6560-50-P
