Approval and Promulgation of Determination of Attainment for the 1997 8-Hour Ozone Standard: States of Missouri and Illinois, 33647-33650 [2011-14296]
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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations
Event name
Location
Latitude
Bainbridge Island Fireworks ..........................................................
City of Anacortes Fireworks ..........................................................
Roche Harbor Fireworks ...............................................................
Blast Over Bellingham ...................................................................
Port Orchard Fireworks .................................................................
Steilacoom Annual Fireworks ........................................................
Fireworks Display ..........................................................................
Chase Family Fourth at Lake Union .............................................
Friday Harbor Independence .........................................................
Port Townsend Sunrise Rotary .....................................................
Orcas Island ..................................................................................
Eagle Harbor .............................
Fidalgo Bay ...............................
Roche Harbor ............................
Bellingham Bay .........................
Port Orchard .............................
Steilacoom ................................
Henderson Bay .........................
Lake Union ................................
Friday Harbor ............................
Port Townsend ..........................
Orcas Island ..............................
47°37.267′
47°17.1′ N
48°36.7′ N
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47°38.418′
48°32.6′ N
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122°28.4′ W
123°09.5′ W
122°29.667′ W
122°37.917′ W
122°36.2′ W
122°38.367′ W
122°20.111′ W
122°00.467′ W
122°46.467′ W
122°54.467′ W
33647
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The following safety zone will be
enforced from 5 p.m. on July 09, 2011
through 1 a.m. on July 10, 2011:
Event name
Location
Latitude
Mercer Island Celebration .............................................................
Mercer Island ............................
47°35.517′ N
Longitude
122°13.233′ W
Radius
450
The following safety zone will be
enforced from 5 p.m. on July 29, 2011
through 1 a.m. on July 30, 2011:
Event name
Location
Latitude
Whaling Days ...................................................................................
Dyes Inlet ...................................
47°38.65′ N
Longitude
122°41.35′ W
Radius
450
The following safety zone will be
enforced from 5 p.m. on August 13,
2011 through 1 a.m. on August 14, 2011:
Location
Latitude
Medina Days ....................................................................................
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Event name
Medina Park ...............................
47°36.867′ N
The special requirements listed in 33
CFR 165.1332, which can be found in
the Federal Register (75 FR 33698)
published on June 15, 2010, apply to the
activation and enforcement of these
safety zones.
All vessel operators who desire to
enter the safety zone must obtain
permission from the Captain of the Port
or Designated Representative by
contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the
Coast Guard Sector Puget Sound Joint
Harbor Operations Center (JHOC) via
telephone at (206) 217–6002.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.1332 and 33 CFR 165 and
5 U.S.C. 552(a). In addition to this
notice, the Coast Guard will provide the
maritime community with extensive
advanced notification of the safety
zones via the Local Notice to Mariners
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and marine information broadcasts on
the day of the events.
Dated: May 20, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2011–14330 Filed 6–8–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2010–0416; FRL–9317–4]
Approval and Promulgation of
Determination of Attainment for the
1997 8-Hour Ozone Standard: States of
Missouri and Illinois
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
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Longitude
122°14.5′ W
Radius
300
determine that the St. Louis (MO–IL)
metropolitan nonattainment area has
attained the 1997 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. The St. Louis metropolitan
ozone nonattainment area includes the
counties of Franklin, Jefferson, St.
Charles, and St. Louis as well as St.
Louis City in Missouri; and the counties
of Madison, Monroe, St. Clair, and
Jersey in Illinois. This final
determination is based on three years of
complete, quality assured ambient air
quality monitoring data for Missouri
and Illinois for the 2008 through 2010
ozone seasons showing attainment of
the NAAQS at all ozone monitoring
sites in the nonattainment area. Based
on this final determination, the
obligation to submit certain ozone
attainment demonstration requirements,
along with other requirements related to
the attainment of the 1997 8-hour ozone
standard are suspended.
DATES:
This rule is effective on July 11,
2011.
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33648
Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations
EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2010–0416. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas
City, Kansas 66101. The Regional
Office’s official hours of business are
Monday through Friday, 8 to 4:30
excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
ADDRESSES:
In
Region 7 contact Lachala Kemp, Air
Planning and Development Branch, 901
N. 5th Street, Kansas City, Kansas 66101
at 913–551–7214, or by e-mail at
kemp.lachala@epa.gov. In Region 5
FOR FURTHER INFORMATION CONTACT:
contact Edward Doty, Attainment
Planning and Maintenance Section, Air
Programs Branch (AR–18J), 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6057 or by e-mail at
doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ refer to EPA. This section provides
additional information by addressing
the following questions:
Table of Contents
I. What action is EPA taking?
II. What is the effect of this action?
III. EPA’s Determination of Attainment
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination
that the St. Louis (MO-IL) metropolitan
1997 8-hour ozone nonattainment area
has attained the 1997 8-hour ozone
NAAQS. EPA published in the Federal
Register its proposed determination for
the St. Louis (MO-IL) metropolitan
nonattainment area on February 28,
2011 (76 FR 10815). A detailed
discussion of the rationale for the
determination, and the effect of the
determination, was included in the
proposal. EPA received no comments on
the proposed rule. EPA’s determination
is based upon the most recent three
years of complete, quality assured
ambient air monitoring data for
Missouri and Illinois showing that the
area has attained the NAAQS during the
2008–2010 monitoring period.
On March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. On
January 6, 2010, EPA again addressed
this 2008 revised standard and proposed
to set the primary 8-hour ozone
standard within the range of 0.060 to
0.070 ppm, rather than at 0.075 ppm.
EPA is working to complete
reconsideration of the standard and
thereafter will proceed with
designations. Today’s rulemaking
relates only to a final determination of
attainment for the 1997 8-hour ozone
standard and is not affected by the
ongoing process of reconsidering the
revised 2008 standard.
The monitors and design values are
displayed in Table 1. The table
summarizes the annual fourth-high
daily maximum 8-hour ozone
concentrations and their 3-year (2008–
2010) averages for all monitors in the St.
Louis (MO-IL) metropolitan
nonattainment area. These data reflect
peak ozone concentrations quality
assured and reported by the States of
Illinois and Missouri.
TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3 YEAR AVERAGES IN ppm
FOR THE ST. LOUIS (MO-IL) AREA
2008 4th high
(ppm)
State
County
Monitor
Illinois ...........
Jersey ..................................
2010 4th high
(ppm)
2008–2010 average
(ppm)
0.069
0.068
0.072
0.069
0.068
0.067
0.080
0.071
0.070
0.074
0.074
0.072
0.067
0.066
0.070
0.067
0.064
0.069
0.072
0.068
0.70
0.070
0.077
0.072
0.072
0.073
0.077
0.074
0.076
0.071
0.084
0.077
0.069
0.070
0.076
0.071
0.064
0.064
0.069
0.065
0.073
0.065
0.071
0.069
Jerseyville ............................
17–083–1001
Alton ....................................
17–119–0008
Maryville ..............................
17–119–1009
Wood River .........................
17–119–3007
East St. Louis ......................
17–163–0010
Arnold West .........................
29–099–00019
Orchard Farm ......................
29–183–1004
West Alton ...........................
29–183–1002
Maryland Heights ................
29–189–0014
Pacific ..................................
29–189–0005
Blair Street ..........................
29–510–0085
Madison ...............................
St. Clair ...............................
Missouri ........
Jefferson ..............................
St. Charles ..........................
St. Louis ..............................
St. Louis City .......................
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2009 4th high
(ppm)
Review of the 2008–2010 ozone
monitoring data in the nonattainment
area shows that all sites were attaining
the 1997 8-hour ozone NAAQS during
this period. Therefore, based on the
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most recent three years of complete,
quality assured ozone monitoring data,
EPA is determining that the 1997 8-hour
ozone standard has been attained in the
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St. Louis (MO-IL) metropolitan ozone
nonattainment area.
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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations
II. What is the effect of this action?
EPA is taking final action to
determine that the St. Louis
metropolitan 8-hour ozone
nonattainment area consisting of both
the Missouri and Illinois portions of the
area has attained the 1997 8-hour ozone
standard. As provided in 40 CFR 51.918,
based on this determination, certain
attainment demonstration requirements
and associated reasonably available
control measures, reasonable further
progress plans, contingency measures,
and other planning SIP requirements
related to attainment of the 8-hour
ozone NAAQS shall be suspended as to
the St. Louis nonattainment area. Under
40 CFR 51.918, a final determination
that the area has met the 1997 8-hour
ozone standard suspends the state’s
obligation to submit requirements
related to attainment, for so long as the
area continues to attain the standard.
This action does not constitute a
redesignation to attainment under CAA
section 107(d)(3), because Missouri and
Illinois do not have approved
maintenance plans as required under
section 175A of the CAA, nor has EPA
made a determination that the area has
met the other requirements for
redesignation. The ozone classification
and designation status of the area
remains moderate nonattainment for the
1997 8-hour ozone NAAQS until such
time as a redesignation request and
maintenance plan are submitted to EPA
and EPA determines that it meets the
CAA requirements for redesignation to
attainment.
If EPA subsequently determines, after
notice-and-comment rulemaking in the
Federal Register, that the area has
violated the 1997 8-hour ozone
standard, the basis for the suspension of
these requirements would no longer
exist, and the area would thereafter have
to address the pertinent requirements.
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III. EPA’s Determination of Attainment
EPA is taking final action to
determine that the St. Louis (MO-IL)
metropolitan 1997 8-hour ozone
nonattainment area has attained the
1997 8-hour ozone standard based on
three years of complete, quality assured
ambient air quality monitoring data for
Missouri and Illinois for the 2008–2010
ozone seasons. As provided in 40 CFR
51.918, based on this determination, the
requirements for Missouri and Illinois to
submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, and contingency
measures under section 172(c)(9), and
any other planning SIP related to
attainment of the 1997 8-hour ozone
VerDate Mar<15>2010
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NAAQS for the St. Louis Metropolitan
area would be suspended. This
suspension of requirements would be
effective as long as the area continues to
attain the 1997 8-hour ozone standard.
This action addresses only the 1997
8-hour ozone standard of 0.08 ppm, and
does not address any subsequent
revisions to the standard.
IV. Statutory and Executive Order
Reviews
This final determination of attainment
is based on air quality data and would
result in the suspension of certain
Federal Requirements. Accordingly, this
action does not impose additional
requirements beyond those imposed by
state law. Therefore this final 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 Clean Air Act;
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 8-hour ozone clean
NAAQS data final determination for the
St. Louis (MO-IL) metropolitan area
does not have Tribal implications as
specified by Executive Order 13175
(65 FR 67249, November 9, 2000),
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33649
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.
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 8, 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).)
The Congressional Review Act,
5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 24, 2011.
Karl Brooks,
Regional Administrator, Region 7.
Dated: June 1, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
*
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*
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*
33650
Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations
■ 2. Section 52.726 is amended by
adding paragraph (jj) to read as follows:
§ 52.726
Control strategy: Ozone.
*
*
*
*
*
(jj) Determination of Attainment. EPA
has determined, as of June 9, 2011, that
the St. Louis (MO-IL) metropolitan 1997
8-hour ozone nonattainment area has
attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with
40 CFR 51.918, 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 Ozone NAAQS.
Subpart AA—Missouri
2. Section 52.1342 is added to subpart
AA to read as follows:
§ 52.1342
Control strategy: Ozone.
Determination of Attainment. EPA has
determined, as of June 9, 2011, that the
St. Louis (MO-IL) metropolitan 1997
8-hour ozone nonattainment area has
attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with
40 CFR 51.918, 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 Ozone NAAQS.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. What action is EPA taking?
40 CFR Part 52
[EPA–R10–OAR–2011–0003; FRL–9316–9]
Approval and Promulgation of
Implementation Plans; Oregon;
Interstate Transport of Pollution;
Significant Contribution to
Nonattainment and Interference With
Maintenance Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
EPA is approving a portion of
the State Implementation Plan (SIP)
revision submitted by the State of
Oregon for the purpose of addressing
certain provisions of the interstate
transport provisions of Clean Air Act
(CAA) section 110(a)(2)(D)(i)(I) for the
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16:22 Jun 08, 2011
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Table of Contents
I. What action is EPA taking?
II. What is the background for this action?
III. Public Comments on the Proposed Action
IV. Final Action
V. Statutory and Executive Order Reviews
[FR Doc. 2011–14296 Filed 6–8–11; 8:45 am]
SUMMARY:
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS or
standards) and the 1997 fine particulate
matter (PM2.5) NAAQS. Section
110(a)(2)(D)(i) of the CAA requires that
each State have adequate provisions to
prohibit air emissions from adversely
affecting air quality in other States
through interstate transport. EPA is
taking final action to approve Oregon’s
SIP revision for the 1997 8-hour ozone
NAAQS and 1997 PM2.5 NAAQS as
meeting the requirements of CAA
section 110(a)(2)(D)(i)(I) to prohibit
emissions that will contribute
significantly to nonattainment of the
these standards in any other State and
to prohibit emissions that will interfere
with maintenance of these standards by
any other State.
DATES: Effective Date: This action is
effective on July 11, 2011.
ADDRESSES: Copies of the State’s SIP
revision and other information
supporting this action are available for
inspection at EPA Region 10, Office of
Air, Waste, and Toxics (AWT–107),
1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen, EPA Region 10, Office of
Air, Waste, and Toxics (AWT–107),
1200 Sixth Avenue, Seattle, Washington
98101, or at (206) 553–6706.
SUPPLEMENTARY INFORMATION:
Throughout this notice, the words ‘‘we’’,
‘‘us’’, or ‘‘our’’ means the Environmental
Protection Agency (EPA).
EPA is approving a portion of
Oregon’s Interstate Transport State
Implementation Plan (SIP) revision for
the 1997 8-hour ozone NAAQS and
1997 PM2.5 NAAQS submitted by the
Oregon Department of Environmental
Quality (ODEQ) on June 23, 2010 and
December 23, 2010. Specifically, we are
approving the portion of the interstate
transport SIP revision that addresses the
following elements of CAA section
110(a)(2)(D)(i): (1) Significant
contribution to nonattainment of these
NAAQS in any other state; and (2)
interference with maintenance of these
NAAQS by any other state. EPA will
address element (3), interference with
any other state’s required measures to
prevent significant deterioration (PSD)
of its air quality; and element (4),
interference with any other state’s
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Fmt 4700
Sfmt 4700
required measures to protect visibility
in separate actions.1 This action does
not address the requirements of the
2006 PM2.5 NAAQS or the 2008 8-hour
ozone NAAQS; those standards will be
addressed in future actions.
II. What is the background for this
action?
On July 18, 1997, EPA promulgated
new standards for 8-hour ozone and fine
particulate matter (PM2.5). Section
110(a)(1) of the CAA requires states to
submit SIPs to address a new or revised
NAAQS within three years after
promulgation of such standards, or
within such shorter period as EPA may
prescribe. Section 110(a)(2) lists the
elements that such new SIPs must
address, as applicable, including section
110(a)(2)(D)(i) which pertains to
interstate transport of certain emissions.
On June 23, 2010, the State of Oregon
submitted a SIP revision addressing the
requirements of section 110(a)(2)(D)(i)
for both the 1997 8-hour ozone NAAQS
and 1997 PM2.5 NAAQS. In this
rulemaking EPA is addressing the first
two elements of section 110(a)(2)(D)(i):
(1) Significant contribution to
nonattainment of these NAAQS in any
other state, and (2) interference with
maintenance of these NAAQS by any
other state. On April 7, 2011, EPA
published a proposal to approve the
portion of Oregon’s SIP submission that
addresses these two elements. 76 FR
19292.
III. Public Comments on the Proposed
Action
EPA provided a 30-day review and
comment period and solicited
comments on our proposal published on
April 7, 2011. 76 FR 19292. EPA
received no comments on this proposed
action.
IV. Final Action
EPA is approving the revisions to the
Oregon SIP as discussed in our
proposed action and concludes that for
the 1997 8-hour ozone NAAQS and
1997 PM2.5 NAAQS, air pollutant
emissions from sources within Oregon
do not either (1) significantly contribute
to nonattainment of the NAAQS in any
other state; or (2) interfere with
maintenance of the NAAQS by any
other state.
As noted previously, EPA will
address element (3) interference with
any other state’s required measures to
prevent significant deterioration of its
1 On March 8, 2011, EPA proposed to approve the
Oregon interstate transport SIP provisions
addressing interference with any other state’s
required measures to protect visibility. See 76 FR
12651 (March 8, 2011).
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]]>Agencies
[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Rules and Regulations]
[Pages 33647-33650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14296]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2010-0416; FRL-9317-4]
Approval and Promulgation of Determination of Attainment for the
1997 8-Hour Ozone Standard: States of Missouri and Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to determine that the St. Louis (MO-IL) metropolitan
nonattainment area has attained the 1997 8-hour National Ambient Air
Quality Standard (NAAQS) for ozone. The St. Louis metropolitan ozone
nonattainment area includes the counties of Franklin, Jefferson, St.
Charles, and St. Louis as well as St. Louis City in Missouri; and the
counties of Madison, Monroe, St. Clair, and Jersey in Illinois. This
final determination is based on three years of complete, quality
assured ambient air quality monitoring data for Missouri and Illinois
for the 2008 through 2010 ozone seasons showing attainment of the NAAQS
at all ozone monitoring sites in the nonattainment area. Based on this
final determination, the obligation to submit certain ozone attainment
demonstration requirements, along with other requirements related to
the attainment of the 1997 8-hour ozone standard are suspended.
DATES: This rule is effective on July 11, 2011.
[[Page 33648]]
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2010-0416. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The Regional Office's official hours
of business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: In Region 7 contact Lachala Kemp, Air
Planning and Development Branch, 901 N. 5th Street, Kansas City, Kansas
66101 at 913-551-7214, or by e-mail at kemp.lachala@epa.gov. In Region
5 contact Edward Doty, Attainment Planning and Maintenance Section, Air
Programs Branch (AR-18J), 77 West Jackson Boulevard, Chicago, Illinois
60604, (312) 886-6057 or by e-mail at doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
Table of Contents
I. What action is EPA taking?
II. What is the effect of this action?
III. EPA's Determination of Attainment
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination that the St. Louis (MO-IL)
metropolitan 1997 8-hour ozone nonattainment area has attained the 1997
8-hour ozone NAAQS. EPA published in the Federal Register its proposed
determination for the St. Louis (MO-IL) metropolitan nonattainment area
on February 28, 2011 (76 FR 10815). A detailed discussion of the
rationale for the determination, and the effect of the determination,
was included in the proposal. EPA received no comments on the proposed
rule. EPA's determination is based upon the most recent three years of
complete, quality assured ambient air monitoring data for Missouri and
Illinois showing that the area has attained the NAAQS during the 2008-
2010 monitoring period.
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. On January 6, 2010, EPA again addressed
this 2008 revised standard and proposed to set the primary 8-hour ozone
standard within the range of 0.060 to 0.070 ppm, rather than at 0.075
ppm. EPA is working to complete reconsideration of the standard and
thereafter will proceed with designations. Today's rulemaking relates
only to a final determination of attainment for the 1997 8-hour ozone
standard and is not affected by the ongoing process of reconsidering
the revised 2008 standard.
The monitors and design values are displayed in Table 1. The table
summarizes the annual fourth-high daily maximum 8-hour ozone
concentrations and their 3-year (2008-2010) averages for all monitors
in the St. Louis (MO-IL) metropolitan nonattainment area. These data
reflect peak ozone concentrations quality assured and reported by the
States of Illinois and Missouri.
Table 1--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations and 3 Year Averages in ppm for the St. Louis (MO-IL) Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 4th high 2009 4th high 2010 4th high 2008-2010
State County Monitor (ppm) (ppm) (ppm) average (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois..................... Jersey...................... Jerseyville................ 0.069 0.068 0.072 0.069
17-083-1001................
Madison..................... Alton...................... 0.068 0.067 0.080 0.071
17-119-0008................
Maryville.................. 0.070 0.074 0.074 0.072
17-119-1009................
Wood River................. 0.067 0.066 0.070 0.067
17-119-3007................
St. Clair................... East St. Louis............. 0.064 0.069 0.072 0.068
17-163-0010................
Missouri..................... Jefferson................... Arnold West................ 0.70 0.070 0.077 0.072
29-099-00019...............
St. Charles................. Orchard Farm............... 0.072 0.073 0.077 0.074
29-183-1004................
West Alton................. 0.076 0.071 0.084 0.077
29-183-1002................
St. Louis................... Maryland Heights........... 0.069 0.070 0.076 0.071
29-189-0014................
Pacific.................... 0.064 0.064 0.069 0.065
29-189-0005................
St. Louis City.............. Blair Street............... 0.073 0.065 0.071 0.069
29-510-0085................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Review of the 2008-2010 ozone monitoring data in the nonattainment
area shows that all sites were attaining the 1997 8-hour ozone NAAQS
during this period. Therefore, based on the most recent three years of
complete, quality assured ozone monitoring data, EPA is determining
that the 1997 8-hour ozone standard has been attained in the St. Louis
(MO-IL) metropolitan ozone nonattainment area.
[[Page 33649]]
II. What is the effect of this action?
EPA is taking final action to determine that the St. Louis
metropolitan 8-hour ozone nonattainment area consisting of both the
Missouri and Illinois portions of the area has attained the 1997 8-hour
ozone standard. As provided in 40 CFR 51.918, based on this
determination, certain attainment demonstration requirements and
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and other planning SIP
requirements related to attainment of the 8-hour ozone NAAQS shall be
suspended as to the St. Louis nonattainment area. Under 40 CFR 51.918,
a final determination that the area has met the 1997 8-hour ozone
standard suspends the state's obligation to submit requirements related
to attainment, for so long as the area continues to attain the
standard. This action does not constitute a redesignation to attainment
under CAA section 107(d)(3), because Missouri and Illinois do not have
approved maintenance plans as required under section 175A of the CAA,
nor has EPA made a determination that the area has met the other
requirements for redesignation. The ozone classification and
designation status of the area remains moderate nonattainment for the
1997 8-hour ozone NAAQS until such time as a redesignation request and
maintenance plan are submitted to EPA and EPA determines that it meets
the CAA requirements for redesignation to attainment.
If EPA subsequently determines, after notice-and-comment rulemaking
in the Federal Register, that the area has violated the 1997 8-hour
ozone standard, the basis for the suspension of these requirements
would no longer exist, and the area would thereafter have to address
the pertinent requirements.
III. EPA's Determination of Attainment
EPA is taking final action to determine that the St. Louis (MO-IL)
metropolitan 1997 8-hour ozone nonattainment area has attained the 1997
8-hour ozone standard based on three years of complete, quality assured
ambient air quality monitoring data for Missouri and Illinois for the
2008-2010 ozone seasons. As provided in 40 CFR 51.918, based on this
determination, the requirements for Missouri and Illinois to submit an
attainment demonstration and associated reasonably available control
measures, a reasonable further progress plan, and contingency measures
under section 172(c)(9), and any other planning SIP related to
attainment of the 1997 8-hour ozone NAAQS for the St. Louis
Metropolitan area would be suspended. This suspension of requirements
would be effective as long as the area continues to attain the 1997 8-
hour ozone standard. This action addresses only the 1997 8-hour ozone
standard of 0.08 ppm, and does not address any subsequent revisions to
the standard.
IV. Statutory and Executive Order Reviews
This final determination of attainment is based on air quality data
and would result in the suspension of certain Federal Requirements.
Accordingly, this action does not impose additional requirements beyond
those imposed by state law. Therefore this final 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 Clean Air Act; 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 8-hour ozone clean NAAQS data final determination
for the St. Louis (MO-IL) metropolitan area 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.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 8, 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).)
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 24, 2011.
Karl Brooks,
Regional Administrator, Region 7.
Dated: June 1, 2011.
Susan Hedman,
Regional Administrator, Region 5.
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
[[Page 33650]]
2. Section 52.726 is amended by adding paragraph (jj) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
* * * * *
(jj) Determination of Attainment. EPA has determined, as of June 9,
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, 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 Ozone NAAQS.
Subpart AA--Missouri
2. Section 52.1342 is added to subpart AA to read as follows:
Sec. 52.1342 Control strategy: Ozone.
Determination of Attainment. EPA has determined, as of June 9,
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, 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 Ozone NAAQS.
[FR Doc. 2011-14296 Filed 6-8-11; 8:45 am]
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