Approval and Promulgation of Air Quality Plans: State of Missouri, 43598-43601 [2011-18176]
Download as PDF
<![CDATA[
wreier-aviles on DSKDVH8Z91PROD with RULES
43598
Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations
Lower Grand River, mile 47.0 (Alternate
Route) at Grosse Tete, Iberville Parish,
Louisiana. This deviation allows the
Louisiana Department of Transportation
and Development to maintain the bridge
in the closed-to-navigation position
from 7 a.m. until 5 p.m. on Wednesday,
July 20, 2011. At all others times, the
bridge will operate normally for the
passage of vessels. This temporary
deviation was issued to allow for the
repairs to the main girder of the bridge.
DATES: This deviation is effective from
7 a.m. through 5 p.m. on Wednesday
July 20, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0630 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0252 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail David Frank, Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, e-mail
David.M.Frank@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The LA 77
bridge across the Lower Grand River,
mile 47.0 (Alternate Route) at Grosse
Tete, Iberville Parish, Louisiana, has a
vertical clearance of 2 feet above high
water in the closed-to-navigation
position and unlimited clearance in the
open-to-navigation position. Navigation
on the waterway consists mainly of tows
with barges and some recreational craft.
Coastal Bridge Company, on behalf of
the Louisiana Department of
Transportation and Development
requested a temporary deviation from
the normal operation of the bridge in
order to effect repairs to the bridge.
This deviation allows the draw of the
LA 77 swing drawbridge across the
Lower Grand River, mile 47.0 (Alternate
Route), at Grosse Tete, Iberville Parish,
Louisiana, to remain in the closed-tonavigation position from 7 a.m. until 5
p.m. on Wednesday, July 20, 2011.
Presently, the draw of the LA 77 bridge,
mile 47.0 (Alternate Route) at Grosse
Tete, shall open on signal; except that,
from about August 15 to about June 5
(the school year), the draw need not be
VerDate Mar<15>2010
14:57 Jul 20, 2011
Jkt 223001
opened from 6 a.m. to 8 a.m. and from
2:30 p.m. to 4:30 p.m., Monday through
Friday except Federal holidays. The
draw shall open on signal at any time
for an emergency aboard a vessel.
The closure is necessary in order to
install angles on the main girder and
weld a crack on the bridge. The
contractor has indicated that they may
be able to operate the bridge during the
closure and may be able to move their
equipment out of the channel but the
movement of the equipment may
require several hours to complete
immediate work and move equipment.
This maintenance is essential for the
continued operation of the bridge.
Notices will be published in the Eighth
Coast Guard District Local Notice to
Mariners and will be broadcast via the
Coast Guard Broadcast Notice to
Mariners System.
No alternate routes are available for
the passage of vessels; however, the
closure was coordinated with waterway
interests who have indicated that they
will be able to adjust their operations
around the proposed work schedule.
Due to prior experience and
coordination with waterway users, it
has been determined that this closure
will not have a significant effect on
vessels that use the waterway.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: June 28, 2011.
David M. Frank,
Bridge Administrator.
[FR Doc. 2011–18223 Filed 7–20–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2011–0451; FRL–9440–9]
Approval and Promulgation of Air
Quality Plans: State of Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving an April 20,
2011, request from the State of Missouri
to exempt sources of Nitrogen Oxides
(NOX) in the Missouri portion of the St.
Louis (MO–IL) metropolitan 8-hour
ozone nonattainment area from the
Clean Air Act (CAA) requirements for
NOX Reasonably Available Control
Technology (RACT) for purposes of
SUMMARY:
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
attaining the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). The Missouri NOX RACT
waiver request for its portion of the St.
Louis metropolitan 8-hour ozone
nonattainment area is based on the most
recent three years of complete, qualityassured ozone monitoring data, which
demonstrate that additional reductions
of NOX emissions in the Area would not
contribute to attainment of the 1997 8hour ozone NAAQS.
DATES: This direct final rule will be
effective September 19, 2011 without
further notice unless EPA receives
adverse comments by August 22, 2011.
If adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments
identified by Docket ID No. EPA–R07–
OAR–2011–0451, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: kemp.lachala@epa.gov.
3. Mail or Hand Delivery or Courier:
Lachala Kemp, Air Planning and
Development Branch, U.S.
Environmental Protection Agency, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2011–
0451. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov. or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
E:\FR\FM\21JYR1.SGM
21JYR1
Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations
II. State Petition
I. What action is EPA taking?
EPA is approving an April 20, 2011,
request from the State of Missouri to
exempt sources of NOX in the Missouri
portion of the St. Louis (MO-IL)
metropolitan 8-hour ozone
nonattainment area from the CAA
requirements for NOX RACT for
purposes of attaining the 1997 8-hour
ozone NAAQS.1 The St. Louis (MO-IL)
metropolitan 8-hour ozone
nonattainment (hereafter referred to as
the ‘‘St. Louis Area’’ or ‘‘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. The State’s NOX RACT
waiver request is based on the most
recent three years of complete, qualityassured ozone monitoring data, which
demonstrate that additional reduction of
NOX emissions in the Missouri portion
of the St. Louis ozone nonattainment
area would not contribute to attainment
of the 1997 8-hour ozone NAAQS in this
ozone nonattainment areas. See 76 FR
33647 (June 9, 2011) for more
information about this monitoring data.
EPA is publishing this rule without
prior proposal because we view this as
a noncontroversial action and anticipate
no relevant adverse comments. EPA
notes that the technical basis for this
rule was its previous final
determination on June 9, 2011 (76 FR
33647) that the St. Louis (MO-IL)
metropolitan 1997 8-hour ozone
nonattainment area has attained the
1997 8-hour ozone NAAQS. EPA
received no comments during that
particular rulemaking. However, in the
proposed rules section of this Federal
Register publication, we are publishing
a separate document that will serve as
the proposal to approve the SIP revision
if relevant adverse comments are
received. This rule will be effective on
September 19, 2011 without further
notice unless EPA receives adverse
comments by August 22, 2011. If we
receive relevant adverse comments, we
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so now. Please note that if we
receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
1 EPA previously approved Missouri’s NO RACT
X
rules submitted to meet its obligations under the 1hour ozone standard. See, 65 FR 31482, May 18,
2000. Today’s action does not affect these State
Implementation Plan (SIP)-approved rules, which
remain in effect. This action relates only to
Missouri’s obligations with respect to NOX RACT
related to the 1997 8-hour ozone standard.
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket. All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in 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. EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance. The Regional Office’s
official hours of business are Monday
through Friday, 8 to 4:30 excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp, Air Planning and
Development Branch, U.S.
Environmental Protection Agency,
Region 7, 901 N. 5th Street, Kansas City,
Kansas 66101 at 913–551–7214, or by
e-mail at kemp.lachala@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. State Petition
III. EPA Review of the Petition
A. Has this ozone nonattainment area
attained the 1997 8-hour ozone NAAQS?
B. EPA’s Analysis of Missouri’s NOX RACT
Waiver Petition
IV. What is the effect of this action?
V. EPA’s Action
VI. Statutory and Executive Order Reviews
wreier-aviles on DSKDVH8Z91PROD with RULES
43599
VerDate Mar<15>2010
14:57 Jul 20, 2011
Jkt 223001
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
On April 20, 2011, Missouri
Department of Natural Resources
(MDNR) submitted a request for a NOX
RACT waiver for the St. Louis
metropolitan ozone nonattainment area.
This NOX RACT waiver was requested
for the 1997 8-hour ozone NAAQS.
MDNR based its NOX RACT waiver
request on quality-assured ozone air
quality data for 2008–2010, which
demonstrate that the 1997 8-hour ozone
NAAQS has been attained in the St.
Louis (MO-IL) metropolitan area
without the implementation of
additional NOX RACT controls in the
Missouri portion of the area.
III. EPA Review of the Petition
A. Has this ozone nonattainment area
attained the 1997 8-hour ozone
NAAQS?
An area may be considered in
attainment with the 1997 8-hour ozone
NAAQS if there are no violations of the
NAAQS, as determined in accordance
with 40 CFR 50.10 and appendix I,
based on the most recent three years of
complete, quality-assured air quality
monitoring data. To attain this standard,
the average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations are measured and
recorded at each monitoring site over
the most recent 3-year period (the
monitoring site’s ozone design value)
must not exceed the ozone standard.
Based on an ozone data rounding
convention described in 40 CFR part 50,
appendix I, the 1997 8-hour ozone
standard is attained if the area’s ozone
design value is 0.084 parts per million
(ppm) or less. The data must be
collected and quality-assured in
accordance with 40 CFR part 58, and
must be recorded in EPA’s Air Quality
System. The monitoring network
collecting the data must meet the
applicable requirements of 40 CFR part
58. The data supporting attainment of
the standard must meet the minimum
data completeness requirements in 40
CFR part 50, appendix I.
The monitors and design values are
displayed in Table 1. The table
summarizes the annual fourth-highest
daily maximum 8-hour ozone
concentrations and their 3-year (2008–
2010) averages for all monitors in the St.
Louis (MO-IL) metropolitan area. These
data reflect peak ozone concentrations
quality assured and reported by the
States of Illinois and Missouri.
E:\FR\FM\21JYR1.SGM
21JYR1
43600
Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations
TABLE 1—ANNUAL FOURTH-HIGHEST 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 ................
Madison .............
Missouri ...............
St. Clair ..............
Jefferson ............
St. Charles .........
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 .............
St. Louis .............
St. Louis City .....
Review of the 2008–2010 ozone
concentrations and site-specific ozone
design values (3-year averages) shows
that all of the monitoring 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,
the 1997 8-hour ozone standard has
been attained in the area. Review of
preliminary data from the 2011 ozone
season indicates that the area continues
to attain the 8-hour ozone NAAQS. See
76 FR 33647.2
B. EPA’s Analysis of Missouri’s NOX
RACT Waiver Petition
wreier-aviles on DSKDVH8Z91PROD with RULES
EPA’s guidance document, ‘‘Guidance
on Limiting Nitrogen Oxides (NOX)
Requirements Related to 8-Hour Ozone
Implementation,’’ sets forth the criteria
for demonstrating that further NOX
emission reductions in an ozone
nonattainment area will not contribute
to ozone NAAQS attainment.3 The
guidance provides that three
consecutive years of monitoring data
documenting ozone levels attaining the
ozone NAAQS in areas in which a state
has not implemented certain NOX
emission controls is adequate to
demonstrate that the additional NOX
emission reductions will not aid in
achieving attainment of the ozone
NAAQS. As described in the guidance
document, approval of the NOX
emission control exemption is granted
2 In today’s action, EPA is not reopening its final
determination of attainment described in the June
9, 2011 final rule, but is merely explaining the
technical basis for our conclusion that a NOX
emission control exemption is appropriate for the
area based on the area’s attainment of the ozone
NAAQS.
3 Steven D. Page, Director, Office of Air Quality
Planning and Standards, ‘‘Guidance on Limiting
Nitrogen Oxides (NOX) Requirements Related to 8Hour Ozone Implementation,’’ Memorandum to
EPA Air Directors, Regions I–X, January 14, 2005
(found at: https://www.epa.gov/ttn/oarpg/t1/
memoranda/guide8hr-oz.pdf).
VerDate Mar<15>2010
14:57 Jul 20, 2011
Jkt 223001
0.069
0.068
0.070
0.067
0.064
0.70
0.072
0.076
0.069
0.064
0.073
by EPA on a contingent basis. The NOX
emission control exemption continues
only as long as the state’s monitoring
data continues to demonstrate
attainment of the ozone NAAQS.4 If,
prior to redesignation of the area to
attainment of the ozone NAAQS, the
area violates the 1997 8-hour ozone
NAAQS, as defined at 40 CFR 50.10 and
appendix I, EPA will undertake
rulemaking to withdraw the NOX
emission control exemption, and the
area would once again be subject to the
NOX emission control requirements
under section 182(f) of the CAA.5
EPA’s review of the ozone monitoring
data and Missouri’s NOX emission
control exemption request shows that
Missouri has complied with the
requirements for a NOX RACT
exemption in the State’s 8-hour ozone
nonattainment area under section 182(f)
of the CAA consistent with the
guidelines contained in EPA’s January
14, 2005, guidance document.
Therefore, EPA has determined that the
State of Missouri qualifies for
exemption from the NOX RACT
requirements for the Missouri portion of
the St. Louis (MO-IL) metropolitan
ozone nonattainment area for the
purposes of attaining the 1997 8-hour
ozone NAAQS.
IV. What is the effect of this action?
The section 182(f) NOX RACT
exemption is based on a finding by EPA
that additional reductions of NOX
would not contribute to attainment of
the 1997 8-hour ozone NAAQS in the
St. Louis (MO-IL) metropolitan
nonattainment area. The Area has three
consecutive years of ozone levels
attaining the ozone standard, and
preliminary 2011 ozone data show that
the 1997 8-hour ozone standard
continues to be attained in the area.
PO 00000
4 Id.
5 Id.
at 21.
at 21–22.
Frm 00068
Fmt 4700
Sfmt 4700
2009 4th
high (ppm)
0.068
0.067
0.074
0.066
0.069
0.070
0.073
0.071
0.070
0.064
0.065
2010 4th
high (ppm)
0.072
0.080
0.074
0.070
0.072
0.077
0.077
0.084
0.076
0.069
0.071
2008–2010
average
(ppm)
0.069
0.071
0.072
0.067
0.068
0.072
0.074
0.077
0.071
0.065
0.069
While EPA is waiving the
requirements to control NOX emissions
through additional NOX RACT controls
in the Missouri portion of the St. Louis
nonattaiment area, EPA recognizes that
there are other benefits to controlling
NOX emissions. These benefits include
reducing acid deposition, reducing
nitrogen deposition in sensitive
wetlands, estuaries, and their
watersheds, and mitigating ozone
transport to downwind ozone
nonattainment areas. Missouri will
continue to be required to control NOX
emissions from certain NOX sources
under other CAA programs, such as the
Acid Rain program in title IV of the
CAA, for purposes of achieving these
environmental benefits. This NOX RACT
waiver will not affect other existing and
pending NOX emission control
requirements for Missouri that are
needed to achieve these environmental
benefits. In addition, as noted above,
this action does not affect the NOX
RACT controls in the St. Louis area
previously approved by EPA relating to
the 1-hour ozone standard.
In addition, EPA notes that an
approval of this waiver request is solely
for purposes of the CAA requirements to
meet the 1997 8-hour ozone NAAQS.
The waiver would not apply for
purposes of the ozone NAAQS
promulgated in 2008 (March 27, 2008,
73 FR 16435) or for purposes of any
future ozone NAAQS EPA may
promulgate. To the extent that section
182(f) may apply to the St. Louis area
for purposes of the 2008 or any future
ozone NAAQS, the State would need to
submit a NOX RACT SIP or would need
to demonstrate that a waiver is
appropriate for purposes of that
different ozone NAAQS.
V. EPA’s Action
EPA is approving Missouri’s request
to exempt the Missouri portion of the St.
Louis 8-hour ozone nonattainment area
E:\FR\FM\21JYR1.SGM
21JYR1
Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations
wreier-aviles on DSKDVH8Z91PROD with RULES
from the section 182(f) NOX RACT
requirement. This approval is based on
EPA’s review of the data showing that
the requirements of section 182(f)(1)(A),
as elaborated upon in EPA’s guidance
for section 182(f) exemptions, have been
met for the St. Louis (MO–IL)
metropolitan ozone nonattainment area.
If EPA subsequently determines through
notice-and-comment rulemaking that
the Area has violated the 1997 8-hour
ozone standard, the basis for this
exemption would no longer exist, and
the area would thereafter have to
address the pertinent requirements.
VI. Statutory and Executive Order
Reviews
In reviewing a request from the State
to exempt sources of NOX in the
Missouri portion of the St. Louis (MO–
IL) metropolitan 8-hour ozone
nonattainment area from the CAA
requirements for NOX RACT for
purposes of attaining the 1997 8-hour
ozone NAAQS, EPA’s role is to approve
state choices, provided they meet the
criteria of the CAA. Accordingly, this
action does not impose additional
requirements beyond those imposed by
state law. Therefore, 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
VerDate Mar<15>2010
14:57 Jul 20, 2011
Jkt 223001
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 exemption 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 in 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 16, 2009. 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 12, 2011.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
PO 00000
Authority: 42 U.S.C. 7401 et seq.
Frm 00069
Fmt 4700
Sfmt 4700
43601
Subpart AA—Missouri
2. Section 52.1342 is revised to read
as follows:
■
§ 52.1342
Control strategy: Ozone.
(a) 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.
(b) Approval. EPA is approving an
April 20, 2011, request from the State of
Missouri for a waiver from the Clean Air
Act requirement for Oxides of Nitrogen
(NOX) Reasonably Available Control
Technology (RACT) in the Missouri
portion of the St. Louis (MO-IL)
metropolitan 8-hour ozone
nonattainment area for purposes of
attaining the 1997 8-hour ozone
National Ambient Air Quality Standard.
[FR Doc. 2011–18176 Filed 7–20–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–B–1203]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
SUMMARY:
E:\FR\FM\21JYR1.SGM
21JYR1
]]>Agencies
[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Rules and Regulations]
[Pages 43598-43601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18176]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2011-0451; FRL-9440-9]
Approval and Promulgation of Air Quality Plans: State of Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving an April 20, 2011, request from the State of
Missouri to exempt sources of Nitrogen Oxides (NOX) in the
Missouri portion of the St. Louis (MO-IL) metropolitan 8-hour ozone
nonattainment area from the Clean Air Act (CAA) requirements for
NOX Reasonably Available Control Technology (RACT) for
purposes of attaining the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS). The Missouri NOX RACT waiver
request for its portion of the St. Louis metropolitan 8-hour ozone
nonattainment area is based on the most recent three years of complete,
quality-assured ozone monitoring data, which demonstrate that
additional reductions of NOX emissions in the Area would not
contribute to attainment of the 1997 8-hour ozone NAAQS.
DATES: This direct final rule will be effective September 19, 2011
without further notice unless EPA receives adverse comments by August
22, 2011. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments identified by Docket ID No. EPA-R07-
OAR-2011-0451, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: kemp.lachala@epa.gov.
3. Mail or Hand Delivery or Courier: Lachala Kemp, Air Planning and
Development Branch, U.S. Environmental Protection Agency, 901 North 5th
Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2011-0451. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov. or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA
[[Page 43599]]
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket. All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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. EPA requests that you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance. The Regional Office's official hours of business are
Monday through Friday, 8 to 4:30 excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7, 901
N. 5th Street, Kansas City, Kansas 66101 at 913-551-7214, or by e-mail
at kemp.lachala@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. State Petition
III. EPA Review of the Petition
A. Has this ozone nonattainment area attained the 1997 8-hour
ozone NAAQS?
B. EPA's Analysis of Missouri's NOX RACT Waiver
Petition
IV. What is the effect of this action?
V. EPA's Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving an April 20, 2011, request from the State of
Missouri to exempt sources of NOX in the Missouri portion of
the St. Louis (MO-IL) metropolitan 8-hour ozone nonattainment area from
the CAA requirements for NOX RACT for purposes of attaining
the 1997 8-hour ozone NAAQS.\1\ The St. Louis (MO-IL) metropolitan 8-
hour ozone nonattainment (hereafter referred to as the ``St. Louis
Area'' or ``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. The
State's NOX RACT waiver request is based on the most recent
three years of complete, quality-assured ozone monitoring data, which
demonstrate that additional reduction of NOX emissions in
the Missouri portion of the St. Louis ozone nonattainment area would
not contribute to attainment of the 1997 8-hour ozone NAAQS in this
ozone nonattainment areas. See 76 FR 33647 (June 9, 2011) for more
information about this monitoring data.
---------------------------------------------------------------------------
\1\ EPA previously approved Missouri's NOX RACT rules
submitted to meet its obligations under the 1-hour ozone standard.
See, 65 FR 31482, May 18, 2000. Today's action does not affect these
State Implementation Plan (SIP)-approved rules, which remain in
effect. This action relates only to Missouri's obligations with
respect to NOX RACT related to the 1997 8-hour ozone
standard.
---------------------------------------------------------------------------
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial action and anticipate no relevant adverse
comments. EPA notes that the technical basis for this rule was its
previous final determination on June 9, 2011 (76 FR 33647) that the St.
Louis (MO-IL) metropolitan 1997 8-hour ozone nonattainment area has
attained the 1997 8-hour ozone NAAQS. EPA received no comments during
that particular rulemaking. However, in the proposed rules section of
this Federal Register publication, we are publishing a separate
document that will serve as the proposal to approve the SIP revision if
relevant adverse comments are received. This rule will be effective on
September 19, 2011 without further notice unless EPA receives adverse
comments by August 22, 2011. If we receive relevant adverse comments,
we will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect. We will address all
public comments in a subsequent final rule based on the proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so now. Please note that if we
receive adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
II. State Petition
On April 20, 2011, Missouri Department of Natural Resources (MDNR)
submitted a request for a NOX RACT waiver for the St. Louis
metropolitan ozone nonattainment area. This NOX RACT waiver
was requested for the 1997 8-hour ozone NAAQS. MDNR based its
NOX RACT waiver request on quality-assured ozone air quality
data for 2008-2010, which demonstrate that the 1997 8-hour ozone NAAQS
has been attained in the St. Louis (MO-IL) metropolitan area without
the implementation of additional NOX RACT controls in the
Missouri portion of the area.
III. EPA Review of the Petition
A. Has this ozone nonattainment area attained the 1997 8-hour ozone
NAAQS?
An area may be considered in attainment with the 1997 8-hour ozone
NAAQS if there are no violations of the NAAQS, as determined in
accordance with 40 CFR 50.10 and appendix I, based on the most recent
three years of complete, quality-assured air quality monitoring data.
To attain this standard, the average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations are measured and recorded
at each monitoring site over the most recent 3-year period (the
monitoring site's ozone design value) must not exceed the ozone
standard. Based on an ozone data rounding convention described in 40
CFR part 50, appendix I, the 1997 8-hour ozone standard is attained if
the area's ozone design value is 0.084 parts per million (ppm) or less.
The data must be collected and quality-assured in accordance with 40
CFR part 58, and must be recorded in EPA's Air Quality System. The
monitoring network collecting the data must meet the applicable
requirements of 40 CFR part 58. The data supporting attainment of the
standard must meet the minimum data completeness requirements in 40 CFR
part 50, appendix I.
The monitors and design values are displayed in Table 1. The table
summarizes the annual fourth-highest daily maximum 8-hour ozone
concentrations and their 3-year (2008-2010) averages for all monitors
in the St. Louis (MO-IL) metropolitan area. These data reflect peak
ozone concentrations quality assured and reported by the States of
Illinois and Missouri.
[[Page 43600]]
Table 1--Annual Fourth-Highest 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, 17-083-1001... 0.069 0.068 0.072 0.069
Madison............... Alton, 17-119-0008......... 0.068 0.067 0.080 0.071
Maryville, 17-119-1009..... 0.070 0.074 0.074 0.072
Wood River, 17-119-3007.... 0.067 0.066 0.070 0.067
St. Clair............. East St. Louis, 17-163-0010 0.064 0.069 0.072 0.068
Missouri........................... Jefferson............. Arnold West, 29-099-00019.. 0.70 0.070 0.077 0.072
St. Charles........... Orchard Farm, 29-183-1004.. 0.072 0.073 0.077 0.074
West Alton, 29-183-1002.... 0.076 0.071 0.084 0.077
St. Louis............. Maryland Heights, 29-189- 0.069 0.070 0.076 0.071
0014.
Pacific, 29-189-0005....... 0.064 0.064 0.069 0.065
St. Louis City........ Blair Street, 29-510-0085.. 0.073 0.065 0.071 0.069
--------------------------------------------------------------------------------------------------------------------------------------------------------
Review of the 2008-2010 ozone concentrations and site-specific
ozone design values (3-year averages) shows that all of the monitoring
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, the 1997 8-hour ozone standard has been
attained in the area. Review of preliminary data from the 2011 ozone
season indicates that the area continues to attain the 8-hour ozone
NAAQS. See 76 FR 33647.\2\
---------------------------------------------------------------------------
\2\ In today's action, EPA is not reopening its final
determination of attainment described in the June 9, 2011 final
rule, but is merely explaining the technical basis for our
conclusion that a NOX emission control exemption is
appropriate for the area based on the area's attainment of the ozone
NAAQS.
---------------------------------------------------------------------------
B. EPA's Analysis of Missouri's NOX RACT Waiver Petition
EPA's guidance document, ``Guidance on Limiting Nitrogen Oxides
(NOX) Requirements Related to 8-Hour Ozone Implementation,''
sets forth the criteria for demonstrating that further NOX
emission reductions in an ozone nonattainment area will not contribute
to ozone NAAQS attainment.\3\ The guidance provides that three
consecutive years of monitoring data documenting ozone levels attaining
the ozone NAAQS in areas in which a state has not implemented certain
NOX emission controls is adequate to demonstrate that the
additional NOX emission reductions will not aid in achieving
attainment of the ozone NAAQS. As described in the guidance document,
approval of the NOX emission control exemption is granted by
EPA on a contingent basis. The NOX emission control
exemption continues only as long as the state's monitoring data
continues to demonstrate attainment of the ozone NAAQS.\4\ If, prior to
redesignation of the area to attainment of the ozone NAAQS, the area
violates the 1997 8-hour ozone NAAQS, as defined at 40 CFR 50.10 and
appendix I, EPA will undertake rulemaking to withdraw the
NOX emission control exemption, and the area would once
again be subject to the NOX emission control requirements
under section 182(f) of the CAA.\5\
---------------------------------------------------------------------------
\3\ Steven D. Page, Director, Office of Air Quality Planning and
Standards, ``Guidance on Limiting Nitrogen Oxides (NOX)
Requirements Related to 8-Hour Ozone Implementation,'' Memorandum to
EPA Air Directors, Regions I-X, January 14, 2005 (found at: https://www.epa.gov/ttn/oarpg/t1/memoranda/guide8hr-oz.pdf).
\4\ Id. at 21.
\5\ Id. at 21-22.
---------------------------------------------------------------------------
EPA's review of the ozone monitoring data and Missouri's
NOX emission control exemption request shows that Missouri
has complied with the requirements for a NOX RACT exemption
in the State's 8-hour ozone nonattainment area under section 182(f) of
the CAA consistent with the guidelines contained in EPA's January 14,
2005, guidance document. Therefore, EPA has determined that the State
of Missouri qualifies for exemption from the NOX RACT
requirements for the Missouri portion of the St. Louis (MO-IL)
metropolitan ozone nonattainment area for the purposes of attaining the
1997 8-hour ozone NAAQS.
IV. What is the effect of this action?
The section 182(f) NOX RACT exemption is based on a
finding by EPA that additional reductions of NOX would not
contribute to attainment of the 1997 8-hour ozone NAAQS in the St.
Louis (MO-IL) metropolitan nonattainment area. The Area has three
consecutive years of ozone levels attaining the ozone standard, and
preliminary 2011 ozone data show that the 1997 8-hour ozone standard
continues to be attained in the area.
While EPA is waiving the requirements to control NOX
emissions through additional NOX RACT controls in the
Missouri portion of the St. Louis nonattaiment area, EPA recognizes
that there are other benefits to controlling NOX emissions.
These benefits include reducing acid deposition, reducing nitrogen
deposition in sensitive wetlands, estuaries, and their watersheds, and
mitigating ozone transport to downwind ozone nonattainment areas.
Missouri will continue to be required to control NOX
emissions from certain NOX sources under other CAA programs,
such as the Acid Rain program in title IV of the CAA, for purposes of
achieving these environmental benefits. This NOX RACT waiver
will not affect other existing and pending NOX emission
control requirements for Missouri that are needed to achieve these
environmental benefits. In addition, as noted above, this action does
not affect the NOX RACT controls in the St. Louis area
previously approved by EPA relating to the 1-hour ozone standard.
In addition, EPA notes that an approval of this waiver request is
solely for purposes of the CAA requirements to meet the 1997 8-hour
ozone NAAQS. The waiver would not apply for purposes of the ozone NAAQS
promulgated in 2008 (March 27, 2008, 73 FR 16435) or for purposes of
any future ozone NAAQS EPA may promulgate. To the extent that section
182(f) may apply to the St. Louis area for purposes of the 2008 or any
future ozone NAAQS, the State would need to submit a NOX
RACT SIP or would need to demonstrate that a waiver is appropriate for
purposes of that different ozone NAAQS.
V. EPA's Action
EPA is approving Missouri's request to exempt the Missouri portion
of the St. Louis 8-hour ozone nonattainment area
[[Page 43601]]
from the section 182(f) NOX RACT requirement. This approval
is based on EPA's review of the data showing that the requirements of
section 182(f)(1)(A), as elaborated upon in EPA's guidance for section
182(f) exemptions, have been met for the St. Louis (MO-IL) metropolitan
ozone nonattainment area. If EPA subsequently determines through
notice-and-comment rulemaking that the Area has violated the 1997 8-
hour ozone standard, the basis for this exemption would no longer
exist, and the area would thereafter have to address the pertinent
requirements.
VI. Statutory and Executive Order Reviews
In reviewing a request from the State to exempt sources of
NOX in the Missouri portion of the St. Louis (MO-IL)
metropolitan 8-hour ozone nonattainment area from the CAA requirements
for NOX RACT for purposes of attaining the 1997 8-hour ozone
NAAQS, EPA's role is to approve state choices, provided they meet the
criteria of the CAA. Accordingly, this action does not impose
additional requirements beyond those imposed by state law. Therefore,
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 exemption 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 in 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 16, 2009. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 12, 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 AA--Missouri
0
2. Section 52.1342 is revised to read as follows:
Sec. 52.1342 Control strategy: Ozone.
(a) 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.
(b) Approval. EPA is approving an April 20, 2011, request from the
State of Missouri for a waiver from the Clean Air Act requirement for
Oxides of Nitrogen (NOX) Reasonably Available Control
Technology (RACT) in the Missouri portion of the St. Louis (MO-IL)
metropolitan 8-hour ozone nonattainment area for purposes of attaining
the 1997 8-hour ozone National Ambient Air Quality Standard.
[FR Doc. 2011-18176 Filed 7-20-11; 8:45 am]
BILLING CODE 6560-50-P
