Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Missouri and Illinois; St. Louis; Determination of Attainment by Applicable Attainment Date for the 1997 Ozone National Ambient Air Quality Standard (NAAQS), 25363-25366 [2012-10207]
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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations
III. Final Actions
EPA is determining that the Western
Massachusetts one-hour ozone
nonattainment area did not meet its
applicable one-hour ozone attainment
date of December 31, 2003, based on
2001–2003 complete, quality-assured
ozone monitoring data. Separate from
and independent of this determination,
EPA is also determining that the
Western Massachusetts one-hour ozone
nonattainment area is currently
attaining the one-hour ozone standard,
based on the most recent three years
(2009–2011) of complete, qualityassured ozone monitoring data at all
monitoring sites in the area. EPA’s
review of the data shows that the area
began attaining the one-hour ozone
standard in the 2007–2009 period, and
has continued to attain this standard
through the 2008–2010 and 2009–2011
monitoring periods.
srobinson on DSK4SPTVN1PROD with RULES
IV. Statutory and Executive Order
Reviews
These actions make determinations of
attainment based on air quality, result in
the suspension of certain Federal
requirements, and/or would not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
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be inconsistent with the Clean Air Act;
and
• Do 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, these actions do 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 these actions and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 June 29, 2012.
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.
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25363
Dated: April 17, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401.
Subpart W—Massachusetts
2. Section 52.1129 is amended by
adding paragraph (e) to read as follows:
■
§ 52.1129
Control strategy: Ozone.
*
*
*
*
*
(e) Determination of Attainment for
the One-Hour Ozone Standard. Effective
May 30, 2012, EPA is determining that
the Springfield (Western Massachusetts)
one-hour ozone nonattainment area did
not meet its applicable one-hour ozone
attainment date of December 31, 2003,
based on 2001–2003 complete, qualityassured ozone monitoring data. Separate
from and independent of this
determination, EPA is determining that
the Springfield (Western Massachusetts)
one-hour ozone nonattainment area met
the one-hour ozone standard, based on
2007–2009 complete, quality-assured
ozone monitoring data at all monitoring
sites in the area. EPA’s review of the
ozone data shows that the area began
attaining the one-hour ozone standard
during the 2007–2009 monitoring
period, and has continued attaining the
one-hour standard through the 2008–
2010 and 2009–2011 monitoring
periods.
[FR Doc. 2012–10198 Filed 4–27–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2012–0053; FRL–9666–2]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Missouri and
Illinois; St. Louis; Determination of
Attainment by Applicable Attainment
Date for the 1997 Ozone National
Ambient Air Quality Standard (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations
EPA is taking final action to
determine, pursuant to the Clean Air
Act (CAA), that the bi-state St. Louis
(MO-IL) ozone nonattainment area (‘‘St.
Louis area’’) attained the 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) by the applicable
attainment date of June 15, 2010. This
determination is based upon complete,
quality-assured, and certified ambient
air quality data from the 2007–2009
monitoring period which show that the
St. Louis area has monitored attainment
of the 1997 8-hour ozone NAAQS as of
the applicable date.
DATES: Effective Date: This final rule
will be effective May 30, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2012–0053. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. EPA requests that if at all
possible, you contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 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
email 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, at (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:
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
Table of Contents
I. What final action is EPA taking in this final
rule?
II. What is the background for this final
action?
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III. What was the air quality in the St. Louis
area for the 1997 8-hour ozone NAAQS
for the 2007–2009 monitoring period?
IV. EPA’s Final Action
V. Statutory and Executive Order Reviews
I. What final action is EPA taking in
this final rule?
Pursuant to section 181(b)(2) of the
CAA, EPA is taking final action to
determine that the St. Louis area
attained the 1997 8-hour ozone NAAQS
by its applicable attainment date of June
15, 2010. The St. Louis area is
composed of Jefferson County, Franklin
County, St. Louis County, St. Louis City,
and St. Charles County in Missouri, and
Madison, Monroe, Jersey, and St. Clair
Counties in Illinois. This determination
is based upon complete, quality-assured
and certified ambient air monitoring
data from 2007–2009 which show that
the St. Louis area monitored attainment
of the 1997 8-hour ozone NAAQS as of
its applicable attainment date.
On February 2, 2012, EPA published
in the Federal Register a proposed
rulemaking to determine that the St.
Louis area attained the 1997 8-hour
ozone NAAQS by its applicable
attainment date of June 15, 2010 (see 77
FR 5210). EPA did not receive any
public comments on this proposal.
II. What is the background for this
action?
On July 18, 1997 (62 FR 38856), EPA
promulgated an 8-hour ozone standard
of 0.08 parts per million (ppm). On
April 30, 2004 (69 FR 23858), EPA
published a final rule designating and
classifying areas under the 8-hour ozone
NAAQS. These designations and
classifications became effective June 15,
2004. EPA designated as nonattainment
any area that was violating the 8-hour
ozone NAAQS based on the three most
recent years of air quality data, 2001–
2003. Under EPA’s implementation rule
for the 1997 8-hour ozone standard (69
FR 23951, April 30, 2004), an area was
classified under subpart 2 of the CAA
based on its 8-hour ozone design value
(i.e. the three-year average annual
fourth-highest daily maximum 8-hour
average ozone concentration), if it had a
1-hour design value at the time of
designation at or above 0.121 ppm. See
40 CFR 51.902(a). All other
nonattainment areas were covered
under subpart 1, based upon their 8hour design values (69 FR 23958). The
St. Louis area was classified as a subpart
2, 8-hour ozone moderate
nonattainment area by EPA on April 30,
2004 (69 FR 23858, 23898 and 23915),
based on the three most recent years of
monitoring data (2001–2003), consistent
with 40 CFR 51.903(a).
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As a moderate nonattainment area for
the 1997 8-hour ozone NAAQS, the St.
Louis (MO-IL) area had an applicable
attainment date of June 15, 2010, as
required by 40 CFR 51.903(a) Table 1.
Pursuant to section 181(b)(2) of the
CAA, EPA is required to make a
determination as to whether the St.
Louis area attained the standard as of its
applicable attainment date. This final
action is based on the area’s design
value as of the attainment date, which
in turn is based on the three most recent
years of air quality data (2007–2009)
prior to the attainment date.
III. What was the air quality in the St.
Louis area for the 1997 8-hour ozone
NAAQS for the 2007–2009 monitoring
period?
Today’s rulemaking assesses whether
the St. Louis area attained the 1997 8hour ozone NAAQS by its applicable
attainment date of June 15, 2010. Under
EPA regulations at 40 CFR 50.15, the
1997 8-hour primary and secondary
ozone ambient air quality standards are
met at an ambient air quality monitoring
site when the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentration is less
than or equal to 0.08 ppm, as
determined in accordance with 40 CFR
part 50, Appendix I. Based on the
rounding convention set forth in section
2.3 of Appendix I, the smallest value
that is greater than 0.08 ppm is 0.085
ppm.
EPA has reviewed the ambient air
monitoring data for the St. Louis area for
the 1997 8-hour ozone NAAQS,
consistent with requirements contained
at 40 CFR Part 50. EPA’s review focused
primarily on data recorded in the EPA
Air Quality System (AQS) database for
the St. Louis area for 2007–2009.
More detailed discussion of EPA’s
evaluation of the available monitoring
data for the St. Louis area during the
2007–2009 monitoring period can be
found in the proposal for this
rulemaking (see 77 FR at 5211). Based
on its evaluation of complete quality
assured and certified data from the
relevant monitoring sites for the 2007–
2009 monitoring period, EPA has
determined that the St. Louis area
attained the 1997 8-hour ozone NAAQS
by the June 15, 2010 attainment date.
EPA did not receive any comments on
the proposed determination during the
public comment period on the proposal.
Table 1 shows the 2007–2009 and
2008–2010 ozone design values for the
St. Louis area monitors with complete,
quality-assured and certified data for
that period. All data values are
expressed in ppm. As shown in Table 1,
all of these monitors recorded ozone
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design values less than 0.085 ppm for
2007–2009 and 2008–2010, with the
highest value at any monitor in the area,
25365
0.078 ppm, recorded at the West Alton
monitor.
TABLE 1—ANNUAL FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGES IN PPM
FOR THE ST. LOUIS AREA MONITORS WITH COMPLETE DATA
[(2007–2009) and (2008–2010)]
2007
4th High
(ppm)
State
County
Monitor
Illinois ................
Jersey ........................
2008
4th High
(ppm)
2009
4th High
(ppm)
2010
4th High
(ppm)
2007–2009
Design
Value
(ppm)
2008–2010
Design
Value
(ppm)*
0.075
0.069
0.068
0.072
0.070
0.069
0.081
0.068
0.067
0.080
0.072
0.071
0.087
0.070
0.074
0.074
0.077
0.072
0.086
0.067
0.066
0.070
0.073
0.067
0.077
0.064
0.069
0.072
0.070
0.068
0.089
0.076
0.071
0.084
0.078
0.077
0.083
0.072
0.073
0.077
0.076
0.074
0.094
0.069
0.070
0.076
0.077
0.071
0.085
0.064
0.064
0.069
0.071
0.065
0.087
0.073
0.065
0.071
0.075
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
West Alton .................
29–183–1002
Orchard Farm ............
29–183–1004
Maryland Heights ......
29–189–0014
Pacific ........................
29–189–0005
Blair Street ................
29–510–0085
Madison .....................
St. Clair .....................
Missouri ............
St. Charles ................
St. Louis ....................
St. Louis City .............
* Although the determination here is whether the area attained the 1997 8-hour ozone NAAQS based on 2007–2009 data, the 2010 data
shows that all monitors in the St. Louis area continued to attain the NAAQS in 2008–2010.
Based on its evaluation of complete
quality assured and certified data from
the relevant monitoring sites for the
2007–2009 monitoring period, EPA has
determined that the St. Louis area
attained the 1997 8-hour ozone NAAQS
by the June 15, 2010 attainment date.
IV. EPA’s Final Action
In today’s rulemaking, pursuant to
CAA section 181(b)(2), EPA is taking
final action to determine that the St.
Louis area has attained the 1997 8-hour
ozone NAAQS by its applicable
attainment date of June 15, 2010.
srobinson on DSK4SPTVN1PROD with RULES
V. Statutory and Executive Order
Reviews
This final action merely makes a
determination of the St. Louis area’s
attainment of the 1997 8-hour ozone
NAAQS based upon complete, qualityassured, and certified ambient air
quality data, pursuant to statutory
mandate, and does not impose
additional requirements beyond those
imposed by state law. This final action
makes a non-discretionary
determination of the St. Louis area’s
attainment of the 1997 8-hour ozone
NAAQS based solely upon complete,
quality-assured, and certified ambient
air quality data, as mandated by CAA
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section 181(b)(2)(A). For that reason,
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
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Fmt 4700
Sfmt 4700
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 final action does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the
determination only affects the St. Louis
area—which does not include Indian
country—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
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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the 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 June 29, 2012.
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, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 4, 2012.
Mark J. Hague,
Acting Regional Administrator, Region 7.
Dated: April 18, 2012.
Susan Hedman,
Regional Administrator, Region 5.
attained the 1997 8-hour ozone NAAQS
by the applicable attainment date of
June 15, 2010.
Subpart AA—Missouri
3. In § 52.1342, paragraph (a) 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. In addition,
based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, the St. Louis (MO-IL) ozone
nonattainment area has attained the
1997 8-hour ozone NAAQS by the
applicable attainment date of June 15,
2010.
*
*
*
*
*
[FR Doc. 2012–10207 Filed 4–27–12; 8:45 am]
BILLING CODE 6560–50–P
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 52
continues to read as follows:
40 CFR Part 282
■
Authority: 42 U.S.C. 7401 et seq.
[EPA–R10–UST–2011–0097; FRL–9615–4]
Subpart O—Illinois
2. In § 52.726, paragraph (kk) is added
to read as follows:
■
§ 52.726
Control Strategy: Ozone.
srobinson on DSK4SPTVN1PROD with RULES
*
*
*
*
*
(kk) 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. In addition, based upon EPA’s
review of the air quality data for the 3year period 2007 to 2009, the St. Louis
(MO-IL) ozone nonattainment area has
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Underground Storage Tank Program:
Approved State Program for the State
of Oregon
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended, authorizes the United States
Environmental Protection Agency (EPA)
to grant approval to any State to operate
its underground storage tank program in
the State in lieu of the federal program.
The regulation codifies EPA’s decision
to approve State programs and
incorporates by reference those
provisions of the State statutes and
regulations that will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
subtitle I and other applicable statutory
and regulatory provisions. This rule
codifies the prior approval of Oregon’s
underground storage tank program and
SUMMARY:
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incorporates by reference appropriate
provisions of state statutes and
regulations.
DATES: This regulation is effective June
29, 2012, unless EPA publishes a prior
Federal Register document withdrawing
this direct final rule. All comments on
the codification of Oregon’s
underground storage tank program must
be received by the close of business May
30, 2012. The incorporation by reference
of certain publications listed in the
regulations is approved by the Director
of the Federal Register, as of June 29,
2012, in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
ADDRESSES: Comments may be
submitted, identified by Docket ID No.
EPA–R10–UST–2011–0097, by one of
the following methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• Email: griffith.katherine@epa.gov.
• Mail: Katherine Griffith, U. S.
Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, Suite
900, Mail Stop: OCE–082, Seattle, WA
98101.
• Comments received by EPA may be
inspected in the public docket online
and in the EPA Region 10 Library, 1200
Sixth Avenue, Seattle, WA 98101, from
9 a.m. to 12 p.m. and 1 p.m. to 4 p.m.,
Monday through Friday, excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R10–UST–2011–
0097. 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 email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identify
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov your email 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
E:\FR\FM\30APR1.SGM
30APR1
]]>Agencies
[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Rules and Regulations]
[Pages 25363-25366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10207]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2012-0053; FRL-9666-2]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Missouri and
Illinois; St. Louis; Determination of Attainment by Applicable
Attainment Date for the 1997 Ozone National Ambient Air Quality
Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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[[Page 25364]]
SUMMARY: EPA is taking final action to determine, pursuant to the Clean
Air Act (CAA), that the bi-state St. Louis (MO-IL) ozone nonattainment
area (``St. Louis area'') attained the 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS) by the applicable attainment date
of June 15, 2010. This determination is based upon complete, quality-
assured, and certified ambient air quality data from the 2007-2009
monitoring period which show that the St. Louis area has monitored
attainment of the 1997 8-hour ozone NAAQS as of the applicable date.
DATES: Effective Date: This final rule will be effective May 30, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2012-0053. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:00 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 email
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, at (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 final action is EPA taking in this final rule?
II. What is the background for this final action?
III. What was the air quality in the St. Louis area for the 1997 8-
hour ozone NAAQS for the 2007-2009 monitoring period?
IV. EPA's Final Action
V. Statutory and Executive Order Reviews
I. What final action is EPA taking in this final rule?
Pursuant to section 181(b)(2) of the CAA, EPA is taking final
action to determine that the St. Louis area attained the 1997 8-hour
ozone NAAQS by its applicable attainment date of June 15, 2010. The St.
Louis area is composed of Jefferson County, Franklin County, St. Louis
County, St. Louis City, and St. Charles County in Missouri, and
Madison, Monroe, Jersey, and St. Clair Counties in Illinois. This
determination is based upon complete, quality-assured and certified
ambient air monitoring data from 2007-2009 which show that the St.
Louis area monitored attainment of the 1997 8-hour ozone NAAQS as of
its applicable attainment date.
On February 2, 2012, EPA published in the Federal Register a
proposed rulemaking to determine that the St. Louis area attained the
1997 8-hour ozone NAAQS by its applicable attainment date of June 15,
2010 (see 77 FR 5210). EPA did not receive any public comments on this
proposal.
II. What is the background for this action?
On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million (ppm). On April 30, 2004 (69 FR
23858), EPA published a final rule designating and classifying areas
under the 8-hour ozone NAAQS. These designations and classifications
became effective June 15, 2004. EPA designated as nonattainment any
area that was violating the 8-hour ozone NAAQS based on the three most
recent years of air quality data, 2001-2003. Under EPA's implementation
rule for the 1997 8-hour ozone standard (69 FR 23951, April 30, 2004),
an area was classified under subpart 2 of the CAA based on its 8-hour
ozone design value (i.e. the three-year average annual fourth-highest
daily maximum 8-hour average ozone concentration), if it had a 1-hour
design value at the time of designation at or above 0.121 ppm. See 40
CFR 51.902(a). All other nonattainment areas were covered under subpart
1, based upon their 8-hour design values (69 FR 23958). The St. Louis
area was classified as a subpart 2, 8-hour ozone moderate nonattainment
area by EPA on April 30, 2004 (69 FR 23858, 23898 and 23915), based on
the three most recent years of monitoring data (2001-2003), consistent
with 40 CFR 51.903(a).
As a moderate nonattainment area for the 1997 8-hour ozone NAAQS,
the St. Louis (MO-IL) area had an applicable attainment date of June
15, 2010, as required by 40 CFR 51.903(a) Table 1. Pursuant to section
181(b)(2) of the CAA, EPA is required to make a determination as to
whether the St. Louis area attained the standard as of its applicable
attainment date. This final action is based on the area's design value
as of the attainment date, which in turn is based on the three most
recent years of air quality data (2007-2009) prior to the attainment
date.
III. What was the air quality in the St. Louis area for the 1997 8-hour
ozone NAAQS for the 2007-2009 monitoring period?
Today's rulemaking assesses whether the St. Louis area attained the
1997 8-hour ozone NAAQS by its applicable attainment date of June 15,
2010. Under EPA regulations at 40 CFR 50.15, the 1997 8-hour primary
and secondary ozone ambient air quality standards are met at an ambient
air quality monitoring site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm, as determined in accordance with 40 CFR part
50, Appendix I. Based on the rounding convention set forth in section
2.3 of Appendix I, the smallest value that is greater than 0.08 ppm is
0.085 ppm.
EPA has reviewed the ambient air monitoring data for the St. Louis
area for the 1997 8-hour ozone NAAQS, consistent with requirements
contained at 40 CFR Part 50. EPA's review focused primarily on data
recorded in the EPA Air Quality System (AQS) database for the St. Louis
area for 2007-2009.
More detailed discussion of EPA's evaluation of the available
monitoring data for the St. Louis area during the 2007-2009 monitoring
period can be found in the proposal for this rulemaking (see 77 FR at
5211). Based on its evaluation of complete quality assured and
certified data from the relevant monitoring sites for the 2007-2009
monitoring period, EPA has determined that the St. Louis area attained
the 1997 8-hour ozone NAAQS by the June 15, 2010 attainment date. EPA
did not receive any comments on the proposed determination during the
public comment period on the proposal.
Table 1 shows the 2007-2009 and 2008-2010 ozone design values for
the St. Louis area monitors with complete, quality-assured and
certified data for that period. All data values are expressed in ppm.
As shown in Table 1, all of these monitors recorded ozone
[[Page 25365]]
design values less than 0.085 ppm for 2007-2009 and 2008-2010, with the
highest value at any monitor in the area, 0.078 ppm, recorded at the
West Alton monitor.
Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St. Louis Area Monitors With Complete Data
[(2007-2009) and (2008-2010)]
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2007-2009 2008-2010
2007 4th 2008 4th 2009 4th 2010 4th Design Design
State County Monitor High High High High Value Value
(ppm) (ppm) (ppm) (ppm) (ppm) (ppm)*
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Illinois...................... Jersey.................. Jerseyville............. 0.075 0.069 0.068 0.072 0.070 0.069
17-083-1001.............
Madison................. Alton................... 0.081 0.068 0.067 0.080 0.072 0.071
17-119-0008.............
Maryville............... 0.087 0.070 0.074 0.074 0.077 0.072
17-119-1009.............
Wood River.............. 0.086 0.067 0.066 0.070 0.073 0.067
17-119-3007.............
St. Clair............... East St. Louis.......... 0.077 0.064 0.069 0.072 0.070 0.068
17-163-0010.............
Missouri...................... St. Charles............. West Alton.............. 0.089 0.076 0.071 0.084 0.078 0.077
29-183-1002.............
Orchard Farm............ 0.083 0.072 0.073 0.077 0.076 0.074
29-183-1004.............
St. Louis............... Maryland Heights........ 0.094 0.069 0.070 0.076 0.077 0.071
29-189-0014.............
Pacific................. 0.085 0.064 0.064 0.069 0.071 0.065
29-189-0005.............
St. Louis City.......... Blair Street............ 0.087 0.073 0.065 0.071 0.075 0.069
29-510-0085.............
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* Although the determination here is whether the area attained the 1997 8-hour ozone NAAQS based on 2007-2009 data, the 2010 data shows that all
monitors in the St. Louis area continued to attain the NAAQS in 2008-2010.
Based on its evaluation of complete quality assured and certified
data from the relevant monitoring sites for the 2007-2009 monitoring
period, EPA has determined that the St. Louis area attained the 1997 8-
hour ozone NAAQS by the June 15, 2010 attainment date.
IV. EPA's Final Action
In today's rulemaking, pursuant to CAA section 181(b)(2), EPA is
taking final action to determine that the St. Louis area has attained
the 1997 8-hour ozone NAAQS by its applicable attainment date of June
15, 2010.
V. Statutory and Executive Order Reviews
This final action merely makes a determination of the St. Louis
area's attainment of the 1997 8-hour ozone NAAQS based upon complete,
quality-assured, and certified ambient air quality data, pursuant to
statutory mandate, and does not impose additional requirements beyond
those imposed by state law. This final action makes a non-discretionary
determination of the St. Louis area's attainment of the 1997 8-hour
ozone NAAQS based solely upon complete, quality-assured, and certified
ambient air quality data, as mandated by CAA section 181(b)(2)(A). For
that reason, 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 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 final action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the determination only affects the St. Louis area--which does
not include Indian country--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
[[Page 25366]]
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the 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 June 29, 2012. 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, Ozone, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 4, 2012.
Mark J. Hague,
Acting Regional Administrator, Region 7.
Dated: April 18, 2012.
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
2. In Sec. 52.726, paragraph (kk) is added to read as follows:
Sec. 52.726 Control Strategy: Ozone.
* * * * *
(kk) 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. In addition, based upon EPA's review of the air
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL)
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by
the applicable attainment date of June 15, 2010.
Subpart AA--Missouri
0
3. In Sec. 52.1342, paragraph (a) 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. In addition, based upon EPA's review of the air
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL)
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by
the applicable attainment date of June 15, 2010.
* * * * *
[FR Doc. 2012-10207 Filed 4-27-12; 8:45 am]
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