Approval and Promulgation of Implementation Plans; Attainment Redesignation for Missouri Portion of the St. Louis MO-IL Area; 1997 8-Hour Ozone Standard and Associated Maintenance Plan, 78755-78768 [2014-30573]
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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules
direct costs on tribal governments or
preempt tribal law.’’
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014–30717 Filed 12–30–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R07–OAR–2014–0900; FRL–9921–23–
Region 7]
Approval and Promulgation of
Implementation Plans; Attainment
Redesignation for Missouri Portion of
the St. Louis MO-IL Area; 1997 8-Hour
Ozone Standard and Associated
Maintenance Plan
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the State of Missouri’s request to
redesignate the Missouri portion of the
St. Louis MO-IL nonattainment area, the
‘‘St. Louis area’’ or ‘‘area’’ to attainment
for the 1997 8-hour National Ambient
Air Quality Standards (NAAQS or
Standard) for ozone (O3). The Missouri
counties comprising the St. Louis area
are Franklin, Jefferson, St. Charles, and
St. Louis along with the City of St.
Louis. In addition to the redesignation
request, EPA is proposing to approve a
State Implementation Plan (SIP)
revision containing a maintenance plan
for the O3 standard for the Missouri
portion of the St. Louis area. In a
separate action published in the Federal
Register on June 12, 2012, EPA has
taken final action to address the Illinois
portion of the St. Louis area.
DATES: Comments must be received on
or before January 30, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2014–0900, by one of the
following methods:
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SUMMARY:
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1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: kemp.lachala@epa.gov.
3. Mail or Hand Delivery or Courier:
Ms. Lachala Kemp, Environmental
Protection Agency, Air Planning and
Development Branch, Air and Waste
Management Division, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2014–
0900. 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 through https://
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. 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 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
disk or CD–ROM you submit. If EPA
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 should 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, i.e., 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 at https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. EPA requests that you
contact the person listed in the FOR
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78755
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.
FURTHER INFORMATION CONTACT
Ms.
Lachala Kemp, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, KS 66219 at (913)
551–7214 or by email at
kemp.lachala@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
to EPA. This section provides additional
information by addressing the
following:
Table of Contents
I. What action is EPA proposing to take?
II. What is the background for EPA’s
proposed actions?
III. What are the criteria for redesignation to
attainment?
IV. What is EPA’s analysis of the state’s
request?
V. Summary of Proposed Actions
VI. Statutory and Executive Order Reviews
I. What action is EPA proposing to
take?
EPA is proposing to approve actions
related to Missouri’s request to
redesignate the St. Louis area to
attainment for the 1997 8-hour ozone
standard. Missouri submitted the first
request on November 3, 2011, and then
supplemented and revised their request
on April 29, 2014. In this notice, when
EPA refers to Missouri’s redesignation
request, we are referring to both the
2011 and 2014 submissions together
unless otherwise specified. Today’s
proposed actions are summarized as
follows and described in greater detail
throughout this notice of proposed
rulemaking. EPA proposes to approve
the redesignation request for the
Missouri portion of the St. Louis area to
attainment for the 1997 8-hour O3
NAAQS, and also proposes to approve
under section 175A of the Clean Air Act
(CAA or Act), Missouri’s 1997 8-hour O3
NAAQS maintenance plan.
First, EPA proposes to determine that
the Missouri portion of the St. Louis
area has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. In this action, EPA is
proposing to approve a request to
change the legal designation of Franklin,
Jefferson, St. Charles, and St. Louis
Counties along with the City of St. Louis
from nonattainment to attainment for
the 1997 8-hour O3 NAAQS.
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Second, EPA is proposing to approve
Missouri’s 1997 8-hour ozone (O3)
NAAQS maintenance plan for the
Missouri portion of the St. Louis area as
meeting the requirements of CAA
section 175A (such approval being one
of the CAA criteria for redesignation to
attainment status). The maintenance
plan is designed to keep the St. Louis
area in attainment of the 1997 8-hour O3
NAAQS through 2025.
II. What is the background for EPA’s
proposed actions?
Ground-level ozone is generally not
emitted directly by sources. Rather,
directly-emitted oxides of nitrogen
(NOX) and volatile organic compounds
(VOC) react in the presence of sunlight
to form ground-level ozone, as a
secondary pollutant, along with other
secondary compounds. NOX and VOC
are referred to as precursors of ozone.
Reduction of peak ground-level ozone
concentrations is typically achieved
through controlling of VOC and NOX
emissions.
On July 18, 1997, EPA promulgated a
revised 8-hour ozone NAAQS of 0.08
parts per million (ppm) (62 FR 38856).
Upon promulgation of a new or revised
NAAQS, the CAA requires EPA to
designate as nonattainment any area
that is violating the NAAQS, based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. On April 30, 2004,
EPA published a final rule designating
and classifying areas under the 8-hour
ozone NAAQS. (69 FR 23857). These
designations became effective on 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.
The CAA contains two sets of
provisions, subpart 1 and subpart 2, that
address planning and control
requirements for nonattainment areas.
(Both are found in title I, part D, of the
CAA; 42 U.S.C. 7501–7509a and 7511–
7511f, respectively.) Subpart 1 contains
general requirements for nonattainment
areas for any pollutant, including ozone,
governed by a NAAQS. Subpart 2
provides more specific requirements for
ozone nonattainment areas.
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 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 (the lowest 1-hour
design value in Table 1 of subpart 2) (69
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FR 23954). All other areas were covered
under subpart 1, based upon their 8hour design values (69 FR 23958). The
St. Louis area was designated as a
subpart 2, 8-hour ozone moderate
nonattainment area by EPA on April 30,
2004 (69 FR 23857, 23898, and 23915),
based on air quality monitoring data
from 2001–2003 (69 FR 23860). 40 CFR
50.10 and 40 CFR part 50, appendix I
provide that the 8-hour ozone standard
is attained when the three-year average
of the annual fourth-highest daily
maximum 8-hour average ozone
concentration is less than or equal to
0.08 ppm, when rounded. The data
completeness requirement is met when
the average percent of days with valid
ambient monitoring data is greater than
ninety percent, and no single year has
less than seventy five percent data
completeness. See 40 CFR part 50,
appendix I, 2.3(d).
In this proposed redesignation, EPA
takes into account a number of
decisions and orders of the D.C. Circuit
and Supreme Court of the United States
regarding the status of EPA’s Cross State
Air Pollution Rule (CSAPR) that impact
this proposed redesignation action. The
effect of those court actions on this
rulemaking are discussed in detail in
Section IV of this notice.
III. What are the criteria for
redesignation to attainment?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided the following
criteria are met: (1) The Administrator
determines that the area has attained the
applicable NAAQS, (2) the
Administrator has fully approved the
applicable implementation plan for the
area under section 110(k), (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions, (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A, and (5) the state containing such
area has met all requirements applicable
to the area under section 110 and part
D of title I of the CAA.
IV. What is EPA’s analysis of the state’s
request?
As stated above, in accordance with
the CAA, EPA proposes in today’s
action: (1) To redesignate the Missouri
portion of the St. Louis to attainment for
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the 1997 8-hour O3 NAAQS; and (2) to
approve the Missouri portion of the St.
Louis area’s 1997 8-hour O3
maintenance plan. These actions are
based upon EPA’s determination that
the Missouri portion of the St. Louis
area continues to attain the 1997 8-hour
O3 NAAQS and that all other
redesignation criteria have been met for
the Missouri portion of the St. Louis
area. The five redesignation criteria
provided under CAA section
107(d)(3)(E) are discussed in greater
detail for the area in the following
paragraphs of this section.
Criteria (1)—The St. Louis Area Has
Attained the 1997 8-Hour O3 NAAQS
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). EPA is
proposing to determine that the St.
Louis area is attaining the 1997 8-hour
O3 NAAQS.
For O3, an area may be considered to
be attaining the 1997 8-hour ozone if it
meets the 1997 8-hour ozone NAAQS,
as determined in accordance with 40
CFR 50.10 and appendix I of part 50,
based on three complete, consecutive
calendar years of quality-assured air
quality monitoring data. To attain this
NAAQS, the fourth-highest daily
maximum 8-hour average ozone
concentration is less than or equal to
0.08 ppm. Based on the rounding
convention described in 40 CFR part 50,
appendix I, the standard is attained if
the design value 1 is 0.084 ppm or
below. The relevant data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS) database. The monitors generally
should have remained at the same
location for the duration of the
monitoring period required for
demonstrating attainment.
On June 9, 2011, EPA determined that
the St. Louis area was attaining the 1997
8-hour O3 NAAQS (76 FR 33647). In
that action, EPA reviewed O3
monitoring data from monitoring
stations in the area for the 1997 8-hour
O3 NAAQS for 2008–2010. These data
have been quality-assured and are
recorded in AQS. On April 30, 2012, at
77 FR 25363, EPA also finalized a
determination that the St. Louis area
attained the 1997 8-hour O3 NAAQS by
the applicable attainment date of June
15, 2010. In addition, EPA has reviewed
more recent data, which indicates that
1 The design value is the highest three-year
average of the fourth-highest daily maximum 8-hour
average for all monitors within the area.
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the St. Louis area is currently attaining
the 1997 8-hour O3 NAAQS. The most
recent year available with complete,
quality-assured and certified ambient air
monitoring is 2013, during which the
the years 2010, 2011, and 2013 for the
St. Louis area are below the 1997 8-hour
O3 NAAQS.
area recorded a three year average O3
concentration of 0.082 ppm. As
summarized in Table 1 below, the 3year average of annual arithmetic mean
concentrations (i.e., design values) for
TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA FOR THE 1997 8HOUR O3 NAAQS
Annual O3 3-year design values (ppm)
State
County
Monitor
AQS site ID
2008–2010
Missouri ..
Missouri ..
Jefferson ..........................
St. Charles .......................
Missouri ..
St. Louis ...........................
Missouri ..
St. Louis City ....................
Arnold ...............................
Orchard Farm ...................
West Alton ........................
Maryland Heights .............
Pacific ...............................
Blair Street .......................
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As discussed above, the design value
for an area is the 3-year average of the
fourth-highest daily maximum 8-hour
average ozone concentration recorded at
any monitor in the area for a 3-year
period. Therefore, the 3-year design
value for the period on which Missouri
based its redesignation request (2008–
2010) for the St. Louis area is 0.077
ppm, which meets the NAAQS as
described above. Additional details can
be found in EPA’s final clean data
determination for the St. Louis area (76
FR 33647, June 9, 2011). EPA has
reviewed the most recent data available,
which indicate that the St. Louis area is
currently attaining the 1997 O3 NAAQS
beyond the submitted 3-year attainment
period of 2008–2010.2 The certified 3year design value for 2011–2013 is 0.082
ppm.3 As discussed in more detail
below, MDNR has committed to
continue monitoring in this area in
accordance with 40 CFR part 58.
EPA proposes to determine that the
data submitted by Missouri, as well as
the data taken from AQS, and additional
EPA analysis indicate that the St. Louis
area is attaining the 1997 8-hour O3
NAAQS.
Criteria (2)—The Missouri Portion of the
St. Louis Area Has a Fully Approved SIP
Under Section 110(k) and Criteria (5)—
the Area Has Met All Applicable
Requirements Under Section 110 and
Part D
EPA has determined that Missouri has
met all currently applicable SIP
requirements for purposes of
redesignation for the Missouri portion of
the St. Louis area under section 110 of
2 The 3 year design value for the 2010–2012
period for the St. Louis area recorded a violation
at 0.086 ppm, but the area has since come into
attainment.
3 Under EPA’s rounding convention described
above, the standard is attained if the design value
is 0.084 ppm or below.
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29–099–0019
29–183–1004
29–183–1002
29–189–0014
29–189–0005
29–510–0085
2009–2011
2010–2012
2011–2013
0.072
0.074
0.077
0.071
0.065
0.069
0.074
0.075
0.079
0.075
0.067
0.071
0.079
0.080
0.086
0.082
0.07
0.079
0.076
0.078
0.082
0.080
0.074
0.077
the CAA (general SIP requirements).
Additionally, EPA has also determined
that the Missouri SIP meets all SIP
requirements currently applicable for
purposes of redesignation under part D
of title I of the CAA (requirements
specific to moderate nonattainment
areas), in accordance with CAA section
107(d)(3)(E)(v). In addition, EPA has
determined that the Missouri SIP has
been fully approved with respect to all
requirements applicable for purposes of
redesignation in accordance with CAA
section 107(d)(3)(E)(ii).
In proposing these determinations,
EPA ascertained which requirements are
applicable to the Missouri portion of the
St. Louis area and, if applicable, that
they are fully approved under section
110(k) of the CAA. See sections IV. a
and b below.
a. The Missouri Portion of the St. Louis
Area Has Met All Applicable
Requirements for Purposes of
Redesignation Under Section 110 and
Part D of the CAA
General SIP Requirements. Section
110(a)(2) of title I of the CAA delineates
the general requirements for a SIP,
which include enforceable emissions
limitations and other control measures,
means, or techniques; provisions for the
establishment and operation of
appropriate devices necessary to collect
data on ambient air quality; and
programs to enforce the limitations.
General SIP elements and requirements
are delineated in section 110(a)(2) of
title I, part A of the CAA. These
requirements include, but are not
limited to, the following: (1) Submittal
of a SIP that has been adopted by the
state after reasonable public notice and
hearing; (2) provisions for establishment
and operation of appropriate procedures
needed to monitor ambient air quality;
(3) implementation of a source permit
program; provisions for the
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implementation of part C requirements
(Prevention of Significant Deterioration
(PSD)); (4) provisions for the
implementation of part D requirements
(Nonattainment New Source Review
(NNSR) permit programs); (5) provisions
for air pollution modeling; and (6)
provisions for public and local agency
participation in planning and emission
control rule development.
Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state. The section 110(a)(2)(D)
requirements are not linked with a
particular nonattainment area’s
designation and classification in that
state. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, EPA does not
believe that the CAA’s interstate
transport requirements should be
construed to be applicable requirements
for purposes of redesignation.
In addition, EPA believes other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
attainment status are not applicable
requirements for purposes of
redesignation. The Missouri portion of
the area will still be subject to these
requirements after the area is
redesignated. The section 110 and part
D requirements which are linked with a
particular area’s designation and
classification are the relevant measures
to evaluate in reviewing a redesignation
request. This approach is consistent
with EPA’s existing policy on
applicability of conformity (i.e., for
redesignations) and oxygenated fuels
requirements, as well as with section
184 ozone transport requirements. See
Reading, Pennsylvania, proposed and
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final rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final
rulemaking at (60 FR 62748, December
7, 1995). See also the discussion on this
issue in the Cincinnati, Ohio,
redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh,
Pennsylvania, redesignation (66 FR
50399, October 19, 2001).
Part D Requirements. EPA has
determined that Missouri has met all
currently applicable SIP requirements
for purposes of redesignation for the
Missouri portion of the St. Louis area
under part D of the CAA. Subpart 1 of
part D, found in sections 171–179 of the
CAA, sets forth the basic nonattainment
requirements applicable to all
nonattainment areas. Subpart 2 of part
D, which includes section 182 of the
CAA, establishes additional specific
requirements depending on the area’s
nonattainment classification.
The St. Louis area was classified as a
moderate nonattainment area under
subpart 2, therefore the state must meet
the applicable requirements of both
subpart 1 and subpart 2 of part D. The
applicable subpart 1 requirements are
contained in sections 172(c)(1)–(9) and
in section 176. The applicable subpart 2
requirements are contained in sections
182(a) and (b) (marginal and moderate
nonattainment area requirements).
For purposes of evaluating this
redesignation request, the applicable
part D, subpart 1 SIP requirements for
all nonattainment areas are contained in
sections 172(c)(1)–(9) and in section
176. A thorough discussion of the
requirements contained in section 172
can be found in the General Preamble
for Implementation of title I (57 FR
13498, April 16, 1992).
Subpart 1 Section 172 Requirements:
Section 172(c)(1) requires the plans for
all nonattainment areas to provide for
the implementation of all reasonably
available control measures(RACM) as
expeditiously as practicable and to
provide for the attainment of the
national ambient air quality standards.
EPA interprets this requirement to
impose a duty on all nonattainment
areas to consider all available control
measures and to adopt and implement
such measures as are reasonably
available for implementation in each
area as components of the area’s
attainment demonstration. Under
Section 172, states with nonattainment
areas must submit plans providing for
timely attainment and meeting a variety
of other requirements. Section 182 of
the CAA, found in subpart 2 of part D,
establishes additional specific
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requirements depending on the areas
ozone nonattainment classification. For
purposes of evaluating this
redesignation request, the applicable
part D, subpart 2 SIP requirements for
all moderate nonattainment areas are
contained in section 182 (b)(1) through
(5).
EPA’s longstanding interpretation of
the nonattainment planning
requirements of section 172 is that once
an area is attaining the NAAQS, those
requirements are not ‘‘applicable’’ for
purposes of CAA section 107(d)(3)(E)(ii)
and therefore need not be approved into
the SIP before EPA can redesignate the
area. In the 1992 General Preamble for
Implementation of Title I, EPA set forth
its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13498,
13564 (April 16, 1992). EPA noted that
the requirements for reasonable further
progress and other measures designed to
provide for attainment do not apply in
evaluating redesignation requests
because those nonattainment planning
requirements ‘‘have no meaning’’ for an
area that has already attained the
standard. Id. This interpretation was
also set forth in the Calcagni
Memorandum (September 4, 1992).4
EPA’s understanding of section 172 also
forms the basis of its Clean Data Policy,
which was articulated with regard to
ozone in 40 CFR 51.918, and suspends
a state’s obligation to submit most of the
attainment planning requirements that
would otherwise apply, including an
attainment demonstration and planning
SIPs to provide for reasonable further
progress (RFP), RACM, and contingency
measures under section 172(c)(9).
Courts have upheld EPA’s interpretation
of section 172(c)(1)’s ‘‘reasonably
available’’ control measures and control
technology as meaning only those
controls that advance attainment, which
precludes the need to require additional
measures where an area is already
attaining. NRDC v. EPA, 571 F.3d 1245,
1252 (D.C. Cir. 2009); Sierra Club v.
EPA, 294 F.3d 155, 162 (D.C. Cir. 2002);
Sierra Club v. EPA, 314 F.3d 735, 744
(5th Cir. 2002).
4 John Calcagni, Director Air Quality Management
Division (MD–15), Office of Air Quality Planning
and Standards. ‘‘Procedures for Processing Requests
to Redesignate Areas to Attainment’’ Memorandum
to EPA Director, Air, Pesticides, and Toxics
Management Division, Regions I and IV, Director,
Air and Waste Management Division, Region II,
Director, Air, Radiation and Toxics Division, Region
III, Director, Air and Radiation Division, Region V,
Director, Air, Pesticides, and Toxics Division,
Director, Air, and Toxics Division, Regions VII, VIII,
IX, and X, September 4, 1992, (Calcagni
Memorandum).
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Therefore, because attainment has
been determined in the St. Louis Area,
no additional measures are needed to
provide for attainment, and section
172(c)(1) requirements for an attainment
demonstration and RACM are no longer
considered to be applicable for purposes
of redesignation as long as the Area
continues to attain the standard until
redesignation. The section 172(c)(2)
requirement that nonattainment plans
contain provisions promoting
reasonable further progress toward
attainment is also not relevant for
purposes of redesignation because EPA
has determined that the St. Louis Area
has monitored attainment of the 1997 8hour ozone NAAQS. In addition,
because the Area has attained the
NAAQS and is no longer subject to an
RFP requirement, the requirement to
submit the section 172(c)(9) contingency
measures is not applicable for purposes
of redesignation. Section 172(c)(6)
requires the SIP to contain control
measures necessary to provide for
attainment of the NAAQS. Because
attainment has been reached, no
additional measures are needed to
provide for attainment.
Sections 172(c)(3) and 182(b)(1)
require submission and approval of a
comprehensive, accurate, and current
inventory of actual emissions. Section
182(b) references section 182(a) of the
CAA which requires, in part, that states
submit a current inventory of actual
emissions (CAA Section 182(a)(1)).
Missouri submitted a 2002 base-year
emissions inventory on June 16, 2006,
and EPA approved the submission on
May 31, 2007, as meeting the section
172(c)(3) and section 182(b)(1)
emissions inventory requirement. See
72 FR 30272.
Section 172(c)(4) of the CAA requires
the identification and quantification of
allowable emissions for major new and
modified stationary sources in an area,
and CAA section 172(c)(5) requires
source permits for the construction and
operation of new and modified major
stationary sources anywhere in the
nonattainment area. EPA has
determined that, since the PSD
requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a nonattainment NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the NAAQS without
part D NSR. A more detailed rationale
for this view is described in a
memorandum from Mary Nichols,
Assistant Administrator for Air and
Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
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Redesignation to Attainment.’’
Nevertheless, Missouri currently has an
approved NNSR program and Missouri’s
approved PSD program for the 1997 8hour O3 NAAQS will become effective
in the Missouri portion of the St. Louis
area upon redesignation to attainment.
Section 172(c)(7) of the CAA requires
the SIP to meet the applicable
provisions of CAA section 110(a)(2). As
noted previously, we believe the
Missouri SIP meets the requirements of
CAA section 110(a)(2) that are
applicable for purposes of
redesignation.
Subpart 1 Section 176 Conformity
Requirements. Section 176(c) of the
CAA requires states to establish criteria
and procedures to ensure that Federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects developed, funded or approved
under Title 23 of the United States Code
(U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to
all other Federally supported or funded
projects (general conformity). State
transportation conformity SIP revisions
must be consistent with Federal
conformity regulations relating to
consultation, enforcement and
enforceability which EPA promulgated
pursuant to its authority under the CAA.
EPA approved the most recent revisions
to the transportation conformity SIP for
the Missouri portion of the St. Louis
area on August 29, 2013 (78 FR 53247).
Thus, for purposes of redesignating
the Missouri portion of the St. Louis
area to attainment, EPA is proposing
that Missouri has satisfied all applicable
requirements for purposes of
redesignation for the St. Louis area
under CAA section 110 and part D of
title I of the CAA.
Subpart 2 Section 182(a) and (b)
Requirements Comprehensive Emissions
Inventory. Section 182(a)(1) requires the
submission of a comprehensive
emission inventory. As mentioned
above, EPA approved Missouri’s 2002
inventory as meeting the section
182(a)(1) comprehensive emissions
inventory requirement. See 72 FR
30272. Missouri also submitted a 2008
emissions inventory as the base year as
part of the maintenance plan.
Emissions Statement. Section
182(a)(3)(B) requires states with areas
designated nonattainment for the ozone
NAAQS to submit a SIP revision to
require emissions statements to be
submitted to the state by sources within
that nonattainment area. EPA approved
Missouri’s emission statement SIP on
May 31, 2007 (72 FR 30272).
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VOC RACT. Section 182(b)(2) requires
states with moderate nonattainment
areas to implement RACT under section
172(c)(1) with respect to each of the
following: (1) All sources covered by a
Control Technology Guideline (CTG)
documented issued between November
15, 1990, and the date of attainment; (2)
all sources covered by a CTG issued
prior to November 15, 1990; and, (3) all
other major non-CTG stationary sources.
With respect to the first category, EPA
issued CTGs for five source categories in
September 2006, three source categories
in September 2007, and five additional
source categories in Sept 2008. Areas
classified as moderate and above were
required to submit VOC RACT for the
source categories covered by these
CTGs, by September 2007, September
2008, and September 2009, respectively.
Missouri submitted a SIP revision on
January 17, 2007, with a supplemental
revision on June 1, 2007, and May 8,
2012. EPA approved the VOC RACT
rules on January 23, 2012, (77 FR 3144)
and January 6, 2014 (79 FR 580).
NOX RACT. Section 182(f) establishes
NOX requirements for ozone
nonattainment areas. However, it
provides that these requirements do not
apply to an area if the Administrator
determines that NOX reductions would
not contribute to attainment of the
NAAQS. On July 21, 2011, EPA
approved a request from Missouri to
exempt sources of NOX in the Missouri
portion of the St. Louis area from
section 182(f) NOX RACT requirements.
See 76 FR 43598. Therefore, the state of
Missouri need not have fully approved
NOX control measures under section
182(f) for the Missouri portion of the St.
Louis area to be redesignated to
attainment.
Stage II Vapor Recovery. Originally,
the section 182(b)(3) Stage II
requirements applied to all moderate
ozone nonattainment areas. However,
under section 202(a)(6) of the CAA, 42
U.S.C. 7521(a)(6), the requirements of
section 182(b)(3) no longer apply in
moderate ozone nonattainment areas
after EPA promulgated the onboard
refueling vapor recovery standards on
April 6, 1994 (59 FR 16262), codified at
40 CFR parts 86 (including 86.098–8),
88 and 600. Under implementation rules
issued in 2002 for the 1997 8-hour
ozone NAAQS, EPA retained the Stage
II-related requirements under section
182(b)(3) as they applied for the nowrevoked 1-hour ozone NAAQS. See 40
CFR 51.900(f)(5)and 40 CFR 51.916(a).
Therefore, as a moderate ozone
nonattainment area for the 1997
standard, the Missouri portion of the St.
Louis area is not subject to the Stage 2
vapor recovery program requirements.
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78759
Vehicle Inspection and Maintenance
(I/M). Section 182(b)(4) of the CAA
requires states with areas designated
nonattainment for the ozone NAAQS to
submit SIPs requiring inspection and
maintenance of vehicles (I/M). EPA
approved Missouri’s 10 CSR 10–5.380
‘‘Motor Vehicle Emissions Inspection’’
rule into the Missouri SIP on May 18,
2000 (65 FR 31480), and approved an
additional revision on May 12, 2003 (68
FR 25414). Missouri replaced this rule
with 10 CSR 10–5.381, ‘‘On-board
Diagnostics Motor Vehicle Emissions
Inspection’’, and has been implementing
the program since 2007. EPA has
included in the docket for this action
the TSD for the proposed approval of 10
CSR 10–5.381, which is being addressed
in a separate action. The TSD explains
in detail the projected emissions based
on the state-approved I/M program. As
demonstrated in the TSD, emissions
have continued to trend downward
since the implementation of this
program by the State. The TSD further
explains EPA’s basis for proposing
approval of 10 CSR 10–5.381 into the
SIP. If EPA receives comments on that
proposal and they impact this
redesignation request, EPA will address
those comments in relation to this
action as well.5
Thus, for purposes of redesignating
the Missouri portion of the St. Louis
area to attainment, EPA determines that
Missouri has satisfied all applicable
requirements for CAA section 110 and
part D of title I of the CAA.
b. The Missouri Portion of the St.
Louis Area has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA.
EPA has fully approved the state’s SIP
for the Missouri portion of the St. Louis
area for the 1997 8-hour ozone
nonattainment area under section 110(k)
of the CAA for all requirements
applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request (see Calcagni
Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–90 (6th Cir.
1998); Wall v. EPA, 265 F.3d 426(6th
Cir. 2001, upholding this
interpretation)) plus any additional
measures it may approve in conjunction
with a redesignation action (see 68 FR
25426 (May 12, 2003) and citations
therein). Following passage of the CAA
of 1970, Missouri has adopted and
submitted, and EPA has fully approved
at various times, provisions addressing
the various SIP elements applicable for
the 1997 8-hour ozone NAAQS in the
5 EPA–R07–OAR–2014–0399.
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St. Louis area (e.g., (72 FR 25975, May
8, 2007) and (76 FR 40619, July 11,
2011)).
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Criteria (3)—The Air Quality
Improvement Is Due to Permanent and
Enforceable Reductions in Emissions
Resulting From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Reductions
(Section 107(d)(3)(E)(iii)).
For redesignating a nonattainment
area to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
enforceable reductions. EPA proposes to
find that Missouri has demonstrated
that the observed air quality
improvement in the St. Louis area is due
to permanent and enforceable
reductions in emissions resulting from
implementation of the SIP, Federal
measures, and other state adopted
measures discussed below.
In making this demonstration, MDNR
has calculated the change in emissions
from a nonattainment year inventory to
an attainment year inventory. For the
nonattainment inventory, Missouri
developed a 2002 base year emissions
inventory. For the attainment inventory,
Missouri developed an inventory for
2008, one of the years the St. Louis area
monitored attainment of the standard.
See section b. below for discussion on
development of these inventories. The
reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to a number of permanent and
enforceable regulatory control measures
that St. Louis and upwind areas have
implemented in recent years.
a. Permanent and Enforceable Controls
Implemented
The following is a discussion on the
permanent and enforceable measures
that have been implemented in the area.
Reductions in VOC and NOX emissions
have occurred statewide and in upwind
areas as a result of Federal emission
control measures, with additional
emission reductions expected to occur
in the future. Federal emission control
measures include the following:
Tier 2 vehicle standards and lowsulfur gasoline. These emission control
requirements result in lower VOC and
NOX emissions from new cars and light
duty trucks, including sport utility
vehicles. The Federal rules were phased
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in between 2004 and 2009. EPA has
estimated that, after phasing in the new
requirements, new vehicles emit less
NOX in the following percentages:
Passenger cars (light duty vehicles)—
seventy seven percent; light duty trucks,
minivans, and sports utility vehicles—
eighty six percent; and larger sports
utility vehicles, vans, and heavier
trucks—sixty-nine to ninety-five
percent. VOC emission reductions are
expected to range from 12 to 18 percent.
EPA expects fleet wide average
emissions to decline by similar
percentages as new vehicles replace
older vehicles. Some of these emission
reductions occurred by the attainment
years (2008–2010) and additional
emission reductions will occur
throughout the maintenance period.
Heavy-duty Diesel Engine Rule. On
October 6, 2000, EPA promulgated a
rule to reduce NOX and VOC emissions
from heavy-duty gasoline and diesel
highway vehicles that began to take
effect in 2004 (65 FR 59896). The
program should achieve a ninety-five
percent reduction in NOX emission for
new engines compared to existing
engines.
Tier 4 Non-Road Diesel Engine Rule.
Promulgated in 2004, this rule is being
phased in between 2008 and 2014. This
rule will require stricter emission
standards for nonroad diesel engines.
When fully implemented, these rules
will reduce NOX emissions by up to
ninety percent. Some of these emission
reductions occurred by the attainment
years (2008–2010) and additional
emission reductions will occur
throughout the maintenance period.
Nonroad Large spark-ignition engines
and recreational engines standards. The
nonroad spark-ignition and recreational
engine standards, effective in July 2003,
regulate NOX, and hydrocarbons from
groups of previously unregulated
nonroad engines. These engine
standards apply to large spark-ignition
engines (e.g., forklifts and airport
ground service equipment), recreational
vehicles (e.g., off-highway motorcycles
and all-terrain-vehicles), and
recreational marine diesel engines sold
in the United States and imported after
the effective date of these standards.
When all of the nonroad sparkignition and recreational engine
standards are fully implemented, an
overall seventy-two percent reduction in
hydrocarbons and eighty percent
reduction in NOX, emissions are
expected by 2020. These controls will
help reduce ambient concentrations of
ozone.
Furthermore, because ozone
concentrations in the St. Louis area are
likely impacted by the transport of
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nitrogen oxides, or transport of ozone
produced downwind from nitrogen
oxides, the area’s air quality is likely
affected by regulation of NOX emissions
from power plants in other states. EPA
promulgated the NOX SIP Call, Clean
Air Interstate Rule (CAIR) and CSAPR to
address NOX emissions from large
electric generating units (EGUs) and
certain non-EGUs across the eastern
United States.
NOX SIP Call. On October 27, 1998
(63 FR 57356), EPA issued the NOX SIP
Call pursuant to the CAA to require 22
states and the District of Columbia to
reduce NOX emissions. Affected states
were required to comply with Phase I of
the SIP Call beginning in 2004, and
Phase II beginning in 2007. As part of
the NOX SIP Call, the eastern third of
Missouri was required to comply with
Phase II of the program. In response,
Missouri developed rules governing the
control of NOX emissions from EGUs,
major non-EGU industrial boilers, major
cement kilns, and large internal
combustion engines. EPA approved
Missouri’s Phase II NOX SIP Call rules
on August 15, 2006 (71 FR 46860).
Implementation of the Phase II rules
was projected to result in an eighty-two
percent NOX reduction from 1995
levels. Missouri rules which address the
NOX SIP call include:
• 10 CSR 10–6.350, Emissions
limitations and Emissions Trading of
Oxides of Nitrogen
• 10 CSR 10–6.360, Controlling NOX
Emissions From Electric Generating
Units and Non-Electric Generating
Boilers
• 10 CSR 10–6.380, Control of NOX
Emissions From Portland Cement Kilns
• 10 CSR 10–6.390, Control of NOX
Emissions From Large Stationary
Internal Combustion Engines
Clean Air Interstate Rule (CAIR) and
the Cross State Air Pollution Rule
(CSAPR). The Clean Air Interstate Rule
(CAIR) was promulgated in 2005 and
required twenty eight eastern states and
the District of Columbia to significantly
reduce emissions of SO2 and NOX from
electric generating units (EGUs) in order
to limit the interstate transport of these
pollutants and the ozone and fine
particulate matter these pollutants form
in the atmosphere. 70 FR 25162 (May
12, 2005). In 2008, the D.C. Circuit
initially vacated CAIR and ordered EPA
to replace CAIR in its entirety, North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
2008), but ultimately remanded the rule
to EPA without vacatur in order to
preserve the environmental benefits
provided by CAIR, North Carolina v.
EPA, 550 F.3d 1176, 1178 (D.C. Cir.
2008). On August 8, 2011, acting on the
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Court’s remand, EPA promulgated
CSAPR in order to replace CAIR and
address interstate transport of emissions
and the resulting secondary formation of
ozone and fine particulate matter (76 FR
48208).6 CSAPR requires substantial
reductions of SO2 and NOX emissions
from EGUs in twenty eight states in the
eastern United States. Implementation
of the rule was scheduled to begin on
January 1, 2012, when CSAPR’s capand-trade programs would have
superseded the CAIR cap-and-trade
programs. However, numerous parties
filed petitions for review of CSAPR, and
on December 30, 2011, the D.C. Circuit
issued an order staying implementation
of CSAPR pending resolution of the
petitions for review and directing EPA
to continue to administer CAIR. EME
Homer City Generation, L.P. v. EPA, No.
11–1302 (D.C. Cir. Dec. 30, 2011), ECF
No. 1350421 at 2.
On August 21, 2012, the D.C. Circuit
issued a decision addressing a subset of
the issues raised by the petitioners
which vacated and remanded CSAPR to
the Agency and once again ordered
continued implementation of CAIR.
EME Homer City Generation, L.P. v.
EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The
D.C. Circuit subsequently denied EPA’s
petition for rehearing en banc. EME
Homer City Generation, L.P. v. EPA, No.
11–1302 (D.C. Cir. Jan. 24, 2013), ECF
No. 1417012. EPA and other parties
then petitioned the Supreme Court for a
writ of certiorari, and the Supreme
Court granted the petitions on June 24,
2013. EPA v. EME Homer City
Generation, L.P., 133 S. Ct. 2857 (2013).
On April 29, 2014, the Supreme Court
reversed the D.C. Circuit’s decision
regarding CSAPR and remanded the
case back to the D.C. Circuit for further
proceedings consistent with its opinion.
EPA v. EME Homer City Generation,
L.P., 134 S. Ct. 1584 (2014). In light of
the Supreme Court decision, EPA filed
a motion asking the D.C. Circuit to lift
the stay and toll all deadlines in CSAPR
by three years, and on October 23, 2014,
the D.C. Circuit granted EPA’s motion.
EME Homer City Generation, L.P. v.
EPA, No. 11–1302 (D.C. Cir. Oct. 23,
2014), ECF No. 1518738 at 3.
As noted above, CAIR was
promulgated in 2005 and incentivized
early reductions from sources in all
covered states, including those upwind
of the St. Louis area. On December, 14,
2007, EPA approved Missouri’s CAIR
rules into the SIP and the state’s CAIR
rules became effective in 2009.(72 FR
71073) With regard to the EGUs located
in the Missouri portion of the St. Louis
nonattainment area, the requirements in
CAIR were no more stringent than the
requirements under the NOX SIP Call
other than the fact that the annual NOX
emissions had to be controlled in
addition to ozone season NOX
emissions. The Missouri rule written to
comply with the NOX SIP Call
requirements for EGUs was replaced
with the CAIR NOX regulations, 10 CSR
10–6.362, Clean Air Interstate Rule
Annual NOX Trading program and 10
78761
CSR 10–6.364, Clean Air Interstate Rule
Seasonal NOX Trading program, and
include limits for non-EGU boilers,
specifically Trigen Units 5 and 6 and
Anheuser Busch Unit 6. However, these
three units have all been retired, and
received retired unit exemptions that
prohibit these units from operating.
Missouri’s redesignation request lists
CAIR as a control measure. CAIR was
thus in place and getting emission
reductions in Missouri and in states
upwind of Missouri when the St. Louis
area began monitoring attainment of the
1997 8-hour ozone NAAQS, and the
quality-assured, certified monitoring
data used to demonstrate the area’s
attainment of the 1997 8-hour ozone
NAAQS is therefore impacted by CAIR.
Furthermore, because ozone
concentrations in the St. Louis area are
likely impacted by the transport of
nitrogen oxides, or transport of ozone
produced downwind from nitrogen
oxides, the area’s air quality is likely
affected by regulation of NOX emissions
from power plants in other states.
Table 2 presents statewide NOX EGU
emissions data for the years 2002 and
2008 for the several states that were
found to significantly contribute to
ambient ozone concentrations in the St.
Louis area. Emissions for 2008 reflect
implementation of CAIR. Table 2 shows
that states contributing to the St. Louis
area reduced NOX emissions from EGUs
by thirty nine percent between 2002 and
2008.
TABLE 2—COMPARISON OF 2002, 2008, AND 2013 STATEWIDE EGU NOX EMISSIONS TONS PER YEAR (TPY) FOR
STATES IMPACTING THE ST. LOUIS AREA 7
EGU CAMD ozone season NOX
State
2002
(tons)
2008
(tons)
Net change
2002–2008
(tons)
2013
(tons)
Net change
2008–2013
(tons)
25,662
100,374
158,379
107,953
78,343
77,389
30,583
215,907
95,012
21,743
57,565
94,253
69,007
57,124
48,627
27,445
102,730
38,902
¥3,920
¥42,808
¥64,126
¥38,946
¥21,219
¥28,762
¥3,139
¥113,176
¥56,110
22,614
29,158
59,232
47,014
38,241
42,629
14,586
49,160
14,243
871
¥28,407
¥35,021
¥21,994
¥18,883
¥5,997
¥12,859
¥53,571
¥24,659
Total ................................................
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AR ..........................................................
IL ............................................................
IN ...........................................................
KY ..........................................................
MI ...........................................................
MO .........................................................
MS ..........................................................
OH ..........................................................
TN ..........................................................
889,602
517,396
¥372,206
316,877
¥200,520
On November 21, 2014, the
Administrator signed an action that
published in the Federal Register on
December 3, 2014, (79 FR 71163)
amending the regulatory text of CSAPR
to reflect the Court’s October 23, 2014,
order tolling all deadlines in CSAPR by
three years, including provisions
governing the sunsetting of CAIR. CAIR
will therefore sunset at the end of 2014
and be replaced by CSAPR beginning
January 1, 2015. Relative to CAIR,
CSAPR requires similar or greater
emission reductions from relevant
upwind areas starting in 2015 and
6 CAIR addressed the 1997 p.m.2.5 annual
standard and the 1997 8-hour ozone standard.
CSAPR addresses contributions from upwind states
to downwind nonattainment and maintenance of
the 2006 24-hour PM2.5 standard as well as the
ozone and PM2.5 NAAQS addressed by CAIR.
7 EPA CAMD quarterly data: ftp://ftp.epa.gov/
dmdnload/emissions/daily/quarterly/.
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beyond. See Tables 6 through 8 for area
emissions inventory projections that
incorporate expected EGU emissions
reductions from CSAPR within
Missouri, and Table 9 for EGU
emissions projections in states upwind
of the St. Louis area. The emission
reductions associated with CAIR that
helped the St. Louis area achieve
attainment of the 1997 8-hour ozone
NAAQS can therefore be considered
permanent and enforceable for purposes
of redesignation under section
107(d)(3)(E)(iii) of the CAA.
State and Local Measures. Missouri
has several other state regulations that
provide permanent and enforceable
controls for NOX and VOC emissions in
the St. Louis area. These SIP approved
rules include:
• 10 CSR 10–5.070 ‘‘Open Burning
Restrictions’’
• 10 CSR 10–6.070 ‘‘New Source
Performance Regulations’’
• 10 CSR 10–6.075 ‘‘Maximum
Achievable Control Technology
Regulations’’
• 10 CSR 10–6.080 ‘‘Emissions
Standards for Hazardous Air
Pollutants’’
• 10 CSR 10–5.330 ‘‘Control of
Emissions from Industrial Surface
Coating Operations’’
• 10 CSR 10–5.340 ‘‘Control of
Emissions from Rotogravure and
Flexographic Printing’’
• 10 CSR 10–5.442 ‘‘Control of
Emissions from Lithographic Printing
Operations’’
• 10 CSR 10–5.455 ‘‘Control of
Emissions from Solvent Cleanup
Operations’’
Reformulated Gasoline (RFG). In July
of 1998, Missouri requested that EPA
extend the requirement for sale of RFG
to St. Louis, Franklin, Jefferson, and St.
Charles counties and the City of St.
Louis in an effort to address the St.
Louis ozone nonattainment area. On
March 3, 1999 (64 FR 10366), EPA
granted this request with compliance
required by June 1, 1999.
Vehicle Inspection and Maintenance
Program. To meet nonattainment area
requirements for the one-hour ozone
standard, Missouri implemented an
inspection and maintenance program
beginning in 2000 in the counties of St.
Louis, St. Charles, and Jefferson and the
City of St. Louis. Missouri codified the
program through state rule 10 CSR 10–
5.380, ‘‘Motor Vehicle Emissions
Inspection,’’ and EPA approved an
additional revision to this rule on May
12, 2003 (68 FR 25414). The program
was established to address ozone
formation and reduce NOX and VOC
emissions in the area. The mobile
source emissions inventory projections
used in this demonstration incorporate
a new inspection and maintenance
program rule, 10 CSR 10–5.381, which
replaces the 10–5.380 rule. The State
has implemented 10 CSR 10–5.381 since
2007. EPA has included in the docket
for this action the TSD for the proposed
approval of 10 CSR 10–5.381, which is
being proposed for approval in a
separate action.8 The TSD explains in
detail the projected emissions based on
the state-approved I/M program. As
demonstrated in the TSD, emissions
have continued to trend downward
since the implementation of this
program by the State. The TSD further
explains EPA’s basis for proposing
approve of 10 CSR 10–5.381 into the
SIP. If EPA receives comments on that
proposal and they impact this
redesignation request, EPA will address
those comments in relation to this
action as well.
b. Emission Reductions
Missouri is using the 2002
comprehensive emissions inventory
submitted to EPA’s National Emissions
Inventory (NEI) to meet the requirement
of section 172(c)(3) of the CAA as the
nonattainment base year inventory.
MDNR’s inventory contains NOX and
VOC emissions for point, area, nonroad
and onroad sources and was EPA
approved May 31, 2007, (https://
www.gpo.gov/fdsys/pkg/FR-2007-05-31/
html/E7-10231.htm).
The St. Louis area attained the 1997
8-hour O3 NAAQS based on monitoring
data for the 3-year period from 2008–
2010. MDNR has selected 2008 as the
attainment emission inventory year. The
attainment inventory identifies a level
of NOX and VOC emissions in the area
that is sufficient to attain the 1997
8-hour O3 NAAQS. Missouri prepared a
comprehensive 2008 emissions
inventory to use as the attainment year
inventory. Point source ozone season
day emissions were calculated on the
Emissions Inventory Questionnaire of
actual emissions or EIQ form 2.0Z,
Ozone Season Information. Area ozone
season day emissions were calculated
from Emissions Modeling Clearinghouse
(EMCH) temporal allocation profiles
that are Source Classification Codes
(SCC)-specific. Ozone season day
emissions are typical of a Tuesday in
July. Nonroad emissions were generated
using EPA’s NONROAD model and
onroad attainment year inventories
originated from EPA’s mobile model,
Mobile6.2. For more information on
EPA’s analysis of the 2002 and 2008
emissions inventory, see EPA’s TSD
dated October 28, 2014, or appendix A,
B, and E of the state submittal, available
on line at www.regulations.gov, Docket
ID No. EPA–OAR–R07–2014–0900.
Using the inventories described above
Missouri has documented changes in
emissions from 2002 to 2008 for the St.
Louis area as shown in tables below.
Table 5 demonstrates that the entire St.
Louis area has reduced emissions
during the period except as described
below.
TABLE 3—2002 VOC AND NOX EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS NONATTAINMENT AREA TONS
PER DAY
[tpd]
Source category
VOC
NOX
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Point Sources ..............................................................................................................................................
Area Sources ...............................................................................................................................................
On-Road Mobile Sources ............................................................................................................................
Non-Road Mobile Sources ..........................................................................................................................
32.7
71.3
68.1
47.0
127.2
19.4
159.0
60.7
Totals ....................................................................................................................................................
219.1
366.3
8 EPA–R07–OAR–2014–0399.
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TABLE 4—2008 VOC AND NOX EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS NONATTAINMENT AREA
[tpd]
Source category
VOC
NOX
Point Sources ..............................................................................................................................................
Area Sources ...............................................................................................................................................
On-Road Mobile Sources ............................................................................................................................
Non-Road Mobile Sources ..........................................................................................................................
18.0
99.5
57.9
45.2
88.8
6.5
96.2
53.6
Totals ....................................................................................................................................................
220.5
245.2
TABLE 5—COMPARISON OF 2002 AND 2008 VOC AND NOX EMISSIONS FOR THE MISSOURI SIDE OF THE ST. LOUIS
NONATTAINMENT AREA
[tpd]
Source category
VOC
NOX
Point Sources ..............................................................................................................................................
Area Sources ...............................................................................................................................................
On-Road Mobile Sources ............................................................................................................................
Non-Road Mobile Sources ..........................................................................................................................
¥14.7
+28.2
¥10.2
¥1.8
¥38.4
¥12.9
¥68.2
¥7.1
Totals ....................................................................................................................................................
+1.4
¥121.1
* Note: A negative value indicates a projected decrease in emissions from 2008 to 2025.
A positive value indicates a projected increase in emissions from 2008 to 2025.
tkelley on DSK3SPTVN1PROD with PROPOSALS
As indicated in the table 5, NOX
emissions decreased by 121 tpd which
is a thirty three percent reduction. Total
VOC emissions remained relatively
stable with a slight increase of less than
one percent or 1.4 tpd. MDNR
determined that the VOC increase is due
to a change in the reporting of small,
non-Title-V-permitted sources from the
point category in 2002 to the nonpoint
category in 2008, as well as numerous
changes in the area source estimation
methodologies and emission factors.
The substantial reduction in NOX
emissions between 2002 and 2008,
along with other regional controls have
resulted in the improved monitored
ground-level ozone concentrations in
the St. Louis nonattainment area
attributable to the 1997 ozone NAAQS
compliance.
Based on the information summarized
above, and information provided in
EPA’s technical support document,
which is a part of this docket, Missouri
has adequately demonstrated that the
improvement in air quality is due to
permanent and enforceable emissions
reductions.
Criteria (4)—The Area Has a Fully
Approved Maintenance Plan Pursuant
to Section 175A of the CAA (Section
107(d)(3)(E)(iv))
In conjunction with its request to
redesignate the St. Louis area to
attainment for the 1997 8-hour O3
NAAQS, MDNR submitted a SIP
revision on November 1, 2011,
supplemented on April 29, 2014, and
further clarified on September 17, 2014,
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to provide for the maintenance of the
1997 8-hour O3 NAAQS for at least ten
years after the effective date of
redesignation to attainment. EPA
believes this maintenance plan meets
the requirements for approval under
section 175A of the CAA.
a. Maintenance Plan Requirements
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, MDNR must
submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the ten
years following the initial ten-year
period, if applicable. To address the
possibility of future NAAQS violations,
the maintenance plan must contain such
contingency measures, as EPA deems
necessary, to assure prompt correction
of any future 1997 8-hour O3 NAAQS
violations. The Calcagni Memorandum
provides further guidance on the
content of a maintenance plan,
explaining that a maintenance plan
should address five requirements: (1)
The attainment emissions inventory, (2)
a maintenance demonstration, (3) a
commitment to maintain the existing
monitoring network, (4) verification of
continued attainment, and (5) a
contingency plan to plan or prevent or
correct future violations. As discussed
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below, EPA is proposing that MDNR’s
maintenance plan includes all the
necessary components and is thus
proposing to approve it as a revision to
the Missouri SIP.
b. Maintenance Plan Base Year
Inventory
As discussed previously, the 2008
inventory used for the year of
attainment is called the Attainment Year
Inventory. It is also referred to as the
Maintenance Plan Base Year Inventory
and becomes the inventory future years
will be compared to in order to show
maintenance. However, MDNR created a
different 2008 onroad inventory for the
comparison to future years in the
maintenance plan. As explained
previously, for the 2008 onroad
attainment inventory, MDNR used NEI
data which was developed using
Mobile6.2 to compare with the 2002
nonattainment base year. A second 2008
onroad inventory was developed
utilizing MOVES to establish a
maintenance base year for comparison
to the future 2017 and 2025 MOVES
based future year inventories. This
allows for a smooth transition to the
updated model and to prevent
comparing a MOVES version of 2008
attainment year with the MOBILE6
version of the 2002 nonattainment base
year inventory. Therefore, the 2008
onroad mobile source inventory used for
supporting maintenance was developed
using the most current version of EPA’s
highway mobile source emissions model
MOVES2010a.
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Emissions projections to support
maintenance through 2025 have been
prepared for the years 2017 and 2025,
which is at the ten-year interval
required in section 175(A) of the CAA.
EPA has reviewed the documentation
provided by MDNR and found the
emissions inventory to be acceptable.
For more information on EPA’s analysis
of the 2008 emissions inventory, see
EPA’s TSD dated October 28, 2014, or
appendix B and E of the state submittal,
available on line at
www.regulations.gov, Docket ID No.
EPA–OAR–R07–2014–0900.
c. Maintenance Demonstration
Section 175A requires a state seeking
redesignation to attainment to submit a
SIP revision to provide for the
maintenance of the NAAQS in the Area
‘‘for at least 10 years after the
redesignation.’’ EPA has interpreted this
as a showing of maintenance ‘‘for a
period of ten years following
redesignation.’’ Calcagni Memorandum,
p. 9. Where the emissions inventory
method of showing maintenance is
used, the purpose is to show that
emissions during the maintenance
period will not increase over the
attainment year inventory. Calcagni
Memorandum, pp. 9–10.
As discussed in detail in the
subsection below, Missouri’s
maintenance plan submission
demonstrates that the area’s emissions
inventories will remain below the
attainment year inventories through
2025. For a demonstration of
maintenance, emissions inventories are
required to be projected to future dates
to assess the influence of future growth
and controls; however, the maintenance
demonstration need not be based on air
quality modeling. See Wall v. EPA, 265
F.3d 426 (6th Cir.2001); Sierra Club v.
EPA, 375 F. 3d 537 [(7th Cir.2004)]. See
also 66 FR 53099–53100; 68 FR 25430–
25432. MDNR uses projection
inventories to show that the area will
remain in attainment. MDNR developed
projection inventories for an interim
year of 2017 and a maintenance plan
end year of 2025 to show that future
emissions of NOX and VOC will remain
at or below the attainment year 2008
emissions levels in the St. Louis area
through the year 2025. In light of more
recent information on CSAPR, Missouri
submitted on September 17, 2014, a
revision that updated their future year
projections for EGU facilities using the
presumption that CSAPR will be in
place to control emissions from sources.
Non-EGU Point source and nonpoint
sources were developed using growth
factors created from the EGAS model
(https://www.epa.gov/ttnecas1/
egas5.htm) using economic growth
projections from the Policy Insight®
Model for Regional Economic Model,
Inc. (REMI) to project the future year
inventory. EPA’s Nonroad Model and
EPA’s onroad mobile model, MOVES,
were utilized to project mobile source
future inventories.
EPA has reviewed the documentation
provided by MDNR and found the
methodologies acceptable. Tables 6 and
7 below show the inventories for the
2008 attainment year, 2017 interim year,
and the 2025 maintenance plan end year
for the Missouri portion of the area.
TABLE 6—ACTUAL AND PROJECTED ANNUAL NOX EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA
[tpd]
Source category
2008
2017
2025
Point Sources ............................................................................................................
Area Sources .............................................................................................................
On-Road Mobile Sources ..........................................................................................
Off-Road Mobile Sources ..........................................................................................
88.84
6.52
160.38
60.85
87.01
6.68
62.32
35.53
89.81
6.85
41.66
29.44
Totals ..................................................................................................................
316.59
191.54
167.76
TABLE 7—ACTUAL AND PROJECTED ANNUAL VOC EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA
[tpd]
Source category
2008
2017
2025
Point Sources ............................................................................................................
Area Sources .............................................................................................................
On-Road Mobile Sources ..........................................................................................
Off-Road Mobile Sources ..........................................................................................
18.0
98.74
58.53
46.44
22.82
115.85
27.51
28.88
28.01
130.91
20.15
28.17
Totals ..................................................................................................................
221.71
195.06
207.24
TABLE 8—COMPARISON OF 2008 AND 2025 NOX AND VOC EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS
AREA
[tpd]
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Source category
NOX
VOC
Point Sources ..............................................................................................................................................
Area Sources ...............................................................................................................................................
On-Road Mobile Sources ............................................................................................................................
Off-Road Mobile Sources ............................................................................................................................
+0.97
+0.33
¥119.59
¥24.17
+10.01
+31.44
¥40.71
¥16.99
Totals ....................................................................................................................................................
¥148.83
¥14.47
* Note: A negative value indicates a projected decrease in emissions from 2008 to 2025.
A positive value indicates a projected increase in emissions from 2008 to 2025.
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Table 8 above shows between 2008
and 2025, the area is projected to reduce
NOX emissions by 148.83 tpd, and VOC
emissions by 14.47 tpd. Thus, the
projected emissions inventories show
that the area will continue to maintain
the 1997 8-hour O3 NAAQS during the
10 year maintenance period.
As discussed in detail above, the
state’s maintenance plan submission
demonstrates that the area’s emission
inventories will remain below the
attainment year inventories through at
least 2025. In addition, for the reasons
set forth below, EPA believes that the
state’s submission, in conjunction with
additional supporting information,
further demonstrates that the area will
continue to maintain the 1997 8-hour O3
NAAQS at least through 2025.
Maintenance of the 1997 8-hour O3
standard in the area is a function of
regional as well as local emissions
trends. The regional impacts are
dominated by the impacts of NOX
emissions. As discussed above, CAIR
resulted in substantial NOX emission
reductions for the area, and beginning in
2015, CSAPR will replace CAIR. CSAPR
establishes emissions budgets for the
78765
total emissions that may be emitted
annually from EGUs in each covered
state.9 Table 9 below shows that for
states significantly contributing to ozone
concentrations that actual EGU
emissions in 2013 under CAIR, as well
as Phase I budgets and Phase II
assurance levels under CSAPR, are well
below the level of actual EGU emissions
in those same states during the
attainment year of 2008. EPA therefore
believes that with CSAPR in place,
regional emissions will not affect
maintenance of the 1997 8-hour ozone
standard for the St. Louis area.
TABLE 9—COMPARISON OF 2008 AND 2013 STATEWIDE EGU OZONE SEASON NOX EMISSIONS WITH CSAPR 2015
PHASE I BUDGET AND 2017 PHASE II ASSURANCE LEVELS (TPY) FROM STATES THAT IMPACT THE ST. LOUIS AREA 10
Attainment year
2008
State
AR ............................................................................................
IL ..............................................................................................
IN .............................................................................................
KY ............................................................................................
MI .............................................................................................
MO ...........................................................................................
MS ............................................................................................
OH ............................................................................................
TN ............................................................................................
21,743
57,565
94,253
69,007
57,124
48,627
27,445
102,730
38,902
22,614
29,158
59,232
47,014
38,241
42,629
14,586
49,160
14,243
15,110
21,208
46,876
36,167
28,041
22,788
12,429
41,284
14,908
CSAPR 2017
Phase II
assurance level
18,283
21,662
55,872
39,536
32,536
25,530
15,039
47,206
9,699
MDNR has the legal authority to
enforce and implement the
requirements of the Missouri portion of
the St. Louis area 1997 8-hour O3
maintenance plan. This includes the
authority to adopt, implement and
enforce any subsequent emissions
control contingency measures
determined to be necessary to correct
future O3 attainment problems.
Section 175A of the CAA requires that
a maintenance plan include such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that occurs after redesignation.
The maintenance plan should identify
the contingency measures to be adopted,
a schedule and procedure for adoption
and implementation, and a time limit
for action by the state. A state should
also identify specific indicators to be
used to determine when the
contingency measures need to be
implemented. The maintenance plan
must include a requirement that a state
will implement all measures with
respect to control of the pollutant that
were contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d).
The contingency plan included in the
submittal includes a triggering
mechanism to determine when
contingency measures are needed and a
process of developing and
implementing appropriate control
measures. MDNR will use actual
ambient monitoring data as the
triggering event to determine when
contingency measures should be
implemented.
Missouri has identified two different
levels of corrective responses should the
8-hour O3 level exceed the NAAQS in
any year. A level I trigger occurs when
the fourth highest 8-hour ozone
concentration exceeds 84 ppb in any
year at any monitoring station in the
nonattainment area as described in the
state’s submittal for the St. Louis area.
MDNR will evaluate a level I
condition, if it occurs, as expeditiously
as practicable to determine the causes of
9 CSAPR’s assurance provisions and associated
penalties will take effect January 1, 2017. See EPA
interim final rule published December 3, 2014 79
FR 71663. EPA does not expect states’ emissions
under CSAPR’s Phase 1 budgets, which will apply
in 2015 and 2016, to exceed what would have been
their Phase 1 assurance levels under CSAPR’s
originally planned implementation schedule,
because in the aggregate, state emissions are already
meeting the Phase 1 budgets. See EPA Motion to
Lift the Stay Entered on December 30, 2011, EME
Homer City Generation, L.P. v. EPA, Case No. 11–
1302 (filed June 26, 2014), ECF No. 1499505,
Attachment at 9–15. See also 77 FR 10324, 10330–
32 (February 21, 2012) (discussing EPA’s rationale
for revising effective date of assurance provisions).
10 https://www.epa.gov/airtransport/CSAPR/pdfs/
OzoneSeasonNOx.xls.
EPA’s proposed approval is based on
a showing, in accordance with CAA
section 175A, that Missouri’s submittal
demonstrates that the area can maintain
through 2025.
d. Monitoring Network
There is an extensive monitoring
network measuring O3 in the St. Louis
area. MDNR has committed to continue
operation of the network in the area in
compliance with 40 CFR part 58 and
have thus addressed the requirement for
monitoring. EPA approved Missouri’s
2013 monitoring plan on November 22,
2013. https://www.epa.gov/region7/air/
quality/quality.htm.
MDNR will track the progress of the
maintenance plan by performing future
reviews of triennial emission
inventories for the St. Louis area as
required in the Air Emissions Reporting
Rule (AERR). For these periodic
inventories, MDNR will review the
assumptions made for the purpose of
the maintenance demonstration
concerning projected growth of activity
levels.
f. Contingency Measures in the
Maintenance Plan
e. Verification of Continued Attainment
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CSAPR 2015
Phase I
budget
2013
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the ambient O3 increase. If adverse
emission trends are likely to continue,
MDNR will first evaluate and
subsequently adopt and implement
control measures, taking into
consideration the ease of
implementation and the technical and
economic feasibility of selected
measures, as outlined in the state’s plan
no later than twenty four months after
quality-assured ambient data has been
entered into EPA’s AQS database
indicating a level I trigger.
A level II trigger is activated when
any violation of the 8-hour O3 NAAQS
at any Federal reference method
monitor in the St. Louis maintenance
area is recorded, based on qualityassured monitoring data. In this event,
MDNR will conduct a comprehensive
study to determine the cause of the
violation within six months of the
triggering event. Selected measures will
be implemented as expeditiously as
practicable, taking into consideration
the ease of implementation and the
technical and economic feasibility of
selected measures, as outlined in the
state’s plan no later than twenty four
months after quality-assured ambient
data has been entered into EPA’s AQS
database indicating a level II trigger.
The comprehensive measures will be
selected from the following types of
measures, as further detailed in the
state’s submission, or from any other
measure deemed appropriate and
effective at the time the selection is
made by MDNR:
• Controls for local individual
sources with significant effects on the
monitored violation;
• Revisions to current rules that
control NOX and VOC emissions such as
lowering limits and applicability
thresholds of current rules; and
• Establishing new rules that control
NOX and VOC emissions.
In addition to the triggers indicated
above, Missouri commits to compiling
and monitoring O3 inventories for the
Missouri portion of the area every three
years throughout the duration of the
maintenance period to facilitate the
emissions trends analysis included in
the contingency plan under levels I and
II.
EPA has concluded that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment emission
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. Therefore, EPA
proposes to find that the maintenance
plan SIP revision submitted by MDNR
for the Missouri portion of the St. Louis
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area meets the requirements of section
175A of the CAA and is approvable.
g. Motor Vehicle Emissions Budgets for
Transportation Conformity Purposes
Generally, maintenance plans
establish motor vehicle emissions
budgets for the last year of the
maintenance plan, at a minimum (40
CFR 93.118(b)(2)(i)). However, Missouri
did not include motor vehicle emissions
budgets for the last year of this
maintenance plan because EPA revoked
the 1997 ozone NAAQS for
transportation conformity purposes on
May 21, 2012 and, therefore, the area is
not required to demonstrate conformity
for the 1997 ozone NAAQS. (77 FR
30167) EPA notes that Missouri has
submitted motor vehicle emissions
budgets for the 2008 ozone NAAQS.
Those budgets will become applicable
when either EPA completes the
adequacy process that was started on
October 4, 2013, or approves these
budgets, whichever occurs earlier.
In addition, the state submission has
met the public notice requirements for
SIP submissions in accordance with 40
CFR 51.102. The submission also
satisfied the completeness criteria of 40
CFR part 51, appendix V. As explained
above and in more detail in the
technical support document which is
part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
V. Summary of Proposed Actions
EPA is proposing several actions
regarding the area’s redesignation and
maintenance of the 1997 8-hour O3
NAAQS. We are processing this as a
proposed action because we are
soliciting comments. First, EPA is
proposing to determine, based on
complete, quality-assured and certified
monitoring data for the 2008–2010
monitoring period, and after review of
all available data in AQS, that the St.
Louis area is currently attaining the
1997 8-hour O3 NAAQS. EPA is also
proposing to determine that the St.
Louis area has met the criteria under
CAA section 107(d)(3)(E) for
redesignation from nonattainment to
attainment for the 1997 8-hour O3
NAAQS, as discussed in more detail
above in section IV. Therefore, EPA is
proposing to approve Missouri’s request
to redesignate the St. Louis Area and
change the legal designation of Franklin,
Jefferson, St. Charles, and St. Louis
Counties along with the City of St. Louis
from nonattainment to attainment for
the 1997 8-hour ozone NAAQS.
Second, EPA is proposing to approve
the maintenance plan for the St. Louis
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area. The maintenance plan
demonstrates that the area will continue
to maintain the 1997 8-hour O3 NAAQS.
If finalized, approval of the
redesignation request would change the
official designation of the Missouri
portion of the St. Louis area for the 1997
8-hour O3 NAAQS, found at 40 CFR part
81, from nonattainment to attainment.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011). This action
is also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this
rulemaking will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rulemaking would
approve pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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).
This rulemaking also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Thus Executive Order
13132 does not apply to this action.
This action merely approves a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rulemaking also is not subject to
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Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) because it approves a
state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a state submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA when it reviews a state submission,
to use VCS in place of a state
submission that otherwise satisfies the
provisions of the CAA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined
at 5 CFR 1320.3(b).
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 proposed rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 2, 2015. Filing a
petition for reconsideration by the
Administrator of this proposed rule
does not affect the finality of this
rulemaking 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
future rule or action.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen Oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. Section 52.1342 is amended by
adding paragraph (c) to read as follows:
■
§ 52.1342
Control strategy: Ozone.
*
*
*
*
*
(c) On November 3, 2011, and April
29, 2014, Missouri submitted requests to
redesignate the Missouri portion of the
St. Louis MO–IL area to attainment of
the 1997 8-hour ozone standard. The
Missouri portion of the St. Louis MO–
IL area includes Jefferson, Franklin, St.
Charles, and St. Louis Counties along
with the City of St. Louis. As part of the
redesignation request, the State
submitted a plan for maintaining the
1997 8-hour ozone standard through
2025 in the area as required by Section
175A of the Clean Air Act.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
Environmental protection, Air
pollution control.
■
Authority: 42 U.S.C. 7401 et seq.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 19, 2014.
Karl Brooks,
Regional Administrator, Region 7.
Subpart C—Section 107
Status Designations
For the reasons stated in the
preamble, the Environmental Protection
Agency proposes to amend 40 CFR parts
52 and 81 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Attainment
4. Section 81.326 is amended by
revising the entry for St. Louis MO–IL
in the table entitled ‘‘Missouri—1997
8-Hour Ozone NAAQS (Primary and
Secondary)’’ to read as follows:
■
§ 81.326
*
Missouri.
*
*
*
*
1. The authority citation for part 52
continues to read as follows:
■
MISSOURI—1997 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation a
Category/classification
Designated area
tkelley on DSK3SPTVN1PROD with PROPOSALS
Date 1
*
*
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*
St. Louis, MO–IL:
Franklin County .....................................................................................................
Jefferson County ...................................................................................................
St. Charles County ................................................................................................
St. Louis City .........................................................................................................
St. Louis County ....................................................................................................
*
*
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......................
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......................
......................
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Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
16:21 Dec 30, 2014
Type
*
a Includes
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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules
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[FR Doc. 2014–30573 Filed 12–30–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2013–0290 and EPA–HQ–
OAR–2013–0291; FRL–9921–25–OAR]
RIN 2060–AP69
NESHAP for Brick and Structural Clay
Products Manufacturing; and NESHAP
for Clay Ceramics Manufacturing
AGENCY:
Environmental Protection
Agency.
Supplemental notice of
proposed rulemaking; extension of
public comment period and change to
public hearing date.
ACTION:
On December 18, 2014, the
Environmental Protection Agency (EPA)
proposed national emission standards
for hazardous air pollutants (NESHAP)
for brick and structural clay products
manufacturing and NESHAP for clay
ceramics manufacturing. The EPA is
extending the deadline for written
comments on the proposed rule by 30
days to March 19, 2015. In addition, the
EPA is changing the date of the public
hearing, if requested, to January 27,
2015, and the date to pre-register for the
hearing if it is held.
DATES: Comments. The public comment
period for the proposed rule published
in the Federal Register on December 18,
2014 (79 FR 75622) is being extended
for 30 days to March 19, 2015.
Public Hearing. If anyone contacts the
EPA requesting a public hearing by
January 15, 2015, the EPA will hold a
public hearing on January 27, 2015,
from 1:00 p.m. [Eastern Standard Time]
to 5:00 p.m. [Eastern Standard Time] at
the U.S. Environmental Protection
Agency building located at 109 T.W.
Alexander Drive, Research Triangle
Park, NC 27711. If the EPA holds a
public hearing, the EPA will keep the
record of the hearing open for 30 days
after completion of the hearing to
provide an opportunity for submission
of rebuttal and supplementary
information.
SUMMARY:
Comments. Written
comments on the proposed rule may be
submitted to the EPA electronically, by
mail, by facsimile or through hand
delivery/courier. Please refer to the
proposal for the addresses and detailed
instructions.
Docket. The EPA has established
dockets for this rulemaking under
tkelley on DSK3SPTVN1PROD with PROPOSALS
ADDRESSES:
VerDate Sep<11>2014
17:18 Dec 30, 2014
Jkt 235001
Docket ID No. EPA–HQ–OAR–2013–
0291 for Brick and Structural Clay
Products Manufacturing and Docket ID
No. EPA–HQ–OAR–2013–0290 for Clay
Ceramics Manufacturing. All documents
in the dockets are listed in the
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,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically in
regulations.gov or in hard copy at the
EPA Docket Center, EPA WJC West
Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744 and the telephone
number for the EPA Docket Center is
(202) 566–1742.
Public Hearing. If requested by
January 15, 2015, the EPA will hold a
public hearing on January 27, 2015,
from 1:00 p.m. [Eastern Standard Time]
to 5:00 p.m. [Eastern Standard Time] at
the U.S. Environmental Protection
Agency building located at 109 T.W.
Alexander Drive, Research Triangle
Park, NC 27711. Please contact Ms.
Pamela Garrett of the Sector Policies
and Programs Division (D243–01),
Office of Air Quality Planning and
Standards, Environmental Protection
Agency, Research Triangle Park, NC
27711; telephone number: (919) 541–
7966; email address: garrett.pamela@
epa.gov to request a hearing, register to
speak at the hearing or to inquire as to
whether or not a hearing will be held.
The last day to pre-register in advance
to speak at the hearing will be January
23, 2015. Additionally, requests to
speak will be taken the day of the
hearing at the hearing registration desk,
although preferences on speaking times
may not be able to be fulfilled. Please
refer to the proposal for the more
detailed information on the public
hearing.
FOR FURTHER INFORMATION CONTACT: For
questions about the proposed rule for
Brick and Structural Clay Products
Manufacturing and Clay Ceramics
Manufacturing, contact Ms. Sharon
Nizich, Minerals and Manufacturing
Group, Sector Policies and Program
Division (D243–04), Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; Telephone number: (919) 541–
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
2825; Fax number: (919) 541–5450;
Email address: nizich.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
After considering a request to extend
the public comment period, the EPA has
decided to extend the public comment
period for an additional 30 days.
Therefore, the public comment period
will end on March 19, 2015, rather than
February 17, 2015. This extension will
help ensure that the public has
sufficient time to review the proposed
rule and the supporting technical
documents and data available in the
docket.
Dated: December 23, 2014.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2014–30715 Filed 12–30–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 79
[CG Docket No. 05–231; FCC 14–206]
Closed Captioning of Video
Programming; Telecommunications for
the Deaf and Hard of Hearing, Inc.
Petition for Rulemaking
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission issues a Second Further
Notice of Proposed Rulemaking seeking
additional comment on several issues
related to matters raised in the
Commission’s Closed Captioning
Quality Order. These issues include
whether the Commission should require
video programmers to file contact
information and certifications of
captioning compliance with the
Commission and whether other means
would make programmer contact
information and certifications more
widely available.
DATES: Comments are due January 20,
2015 and reply comments are due
January 30, 2015.
ADDRESSES: You may submit comments,
identified by CG Docket No. 05–231, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the Commission’s Electronic
Comment Filing System (ECFS), through
the Commission’s Web site https://
fjallfoss.fcc.gov/ecfs2/. Filers should
follow the instructions provided on the
Web site for submitting comments. For
ECFS filers, in completing the
SUMMARY:
E:\FR\FM\31DEP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Proposed Rules]
[Pages 78755-78768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30573]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2014-0900; FRL-9921-23-Region 7]
Approval and Promulgation of Implementation Plans; Attainment
Redesignation for Missouri Portion of the St. Louis MO-IL Area; 1997 8-
Hour Ozone Standard and Associated Maintenance Plan
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of Missouri's request to redesignate the Missouri
portion of the St. Louis MO-IL nonattainment area, the ``St. Louis
area'' or ``area'' to attainment for the 1997 8-hour National Ambient
Air Quality Standards (NAAQS or Standard) for ozone (O3).
The Missouri counties comprising the St. Louis area are Franklin,
Jefferson, St. Charles, and St. Louis along with the City of St. Louis.
In addition to the redesignation request, EPA is proposing to approve a
State Implementation Plan (SIP) revision containing a maintenance plan
for the O3 standard for the Missouri portion of the St.
Louis area. In a separate action published in the Federal Register on
June 12, 2012, EPA has taken final action to address the Illinois
portion of the St. Louis area.
DATES: Comments must be received on or before January 30, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0900, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: kemp.lachala@epa.gov.
3. Mail or Hand Delivery or Courier: Ms. Lachala Kemp,
Environmental Protection Agency, Air Planning and Development Branch,
Air and Waste Management Division, 11201 Renner Boulevard, Lenexa,
Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0900. 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 through https://www.regulations.gov or email information that you consider to be CBI or
otherwise protected. 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 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
disk or CD-ROM you submit. If EPA 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 should 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, i.e., 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
at https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219. 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.
FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, KS 66219 at (913) 551-7214 or by email at
kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. This section provides
additional information by addressing the following:
Table of Contents
I. What action is EPA proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
V. Summary of Proposed Actions
VI. Statutory and Executive Order Reviews
I. What action is EPA proposing to take?
EPA is proposing to approve actions related to Missouri's request
to redesignate the St. Louis area to attainment for the 1997 8-hour
ozone standard. Missouri submitted the first request on November 3,
2011, and then supplemented and revised their request on April 29,
2014. In this notice, when EPA refers to Missouri's redesignation
request, we are referring to both the 2011 and 2014 submissions
together unless otherwise specified. Today's proposed actions are
summarized as follows and described in greater detail throughout this
notice of proposed rulemaking. EPA proposes to approve the
redesignation request for the Missouri portion of the St. Louis area to
attainment for the 1997 8-hour O3 NAAQS, and also proposes
to approve under section 175A of the Clean Air Act (CAA or Act),
Missouri's 1997 8-hour O3 NAAQS maintenance plan.
First, EPA proposes to determine that the Missouri portion of the
St. Louis area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. In this action, EPA is proposing to approve a
request to change the legal designation of Franklin, Jefferson, St.
Charles, and St. Louis Counties along with the City of St. Louis from
nonattainment to attainment for the 1997 8-hour O3 NAAQS.
[[Page 78756]]
Second, EPA is proposing to approve Missouri's 1997 8-hour ozone
(O3) NAAQS maintenance plan for the Missouri portion of the
St. Louis area as meeting the requirements of CAA section 175A (such
approval being one of the CAA criteria for redesignation to attainment
status). The maintenance plan is designed to keep the St. Louis area in
attainment of the 1997 8-hour O3 NAAQS through 2025.
II. What is the background for EPA's proposed actions?
Ground-level ozone is generally not emitted directly by sources.
Rather, directly-emitted oxides of nitrogen (NOX) and
volatile organic compounds (VOC) react in the presence of sunlight to
form ground-level ozone, as a secondary pollutant, along with other
secondary compounds. NOX and VOC are referred to as
precursors of ozone. Reduction of peak ground-level ozone
concentrations is typically achieved through controlling of VOC and
NOX emissions.
On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million (ppm) (62 FR 38856). Upon promulgation of a new
or revised NAAQS, the CAA requires EPA to designate as nonattainment
any area that is violating the NAAQS, based on the three most recent
years of ambient air quality data at the conclusion of the designation
process. On April 30, 2004, EPA published a final rule designating and
classifying areas under the 8-hour ozone NAAQS. (69 FR 23857). These
designations became effective on 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.
The CAA contains two sets of provisions, subpart 1 and subpart 2,
that address planning and control requirements for nonattainment areas.
(Both are found in title I, part D, of the CAA; 42 U.S.C. 7501-7509a
and 7511-7511f, respectively.) Subpart 1 contains general requirements
for nonattainment areas for any pollutant, including ozone, governed by
a NAAQS. Subpart 2 provides more specific requirements for ozone
nonattainment areas.
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
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 (the lowest 1-hour design value in
Table 1 of subpart 2) (69 FR 23954). All other areas were covered under
subpart 1, based upon their 8-hour design values (69 FR 23958). The St.
Louis area was designated as a subpart 2, 8-hour ozone moderate
nonattainment area by EPA on April 30, 2004 (69 FR 23857, 23898, and
23915), based on air quality monitoring data from 2001-2003 (69 FR
23860). 40 CFR 50.10 and 40 CFR part 50, appendix I provide that the 8-
hour ozone standard is attained when the three-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentration
is less than or equal to 0.08 ppm, when rounded. The data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than ninety percent, and no single year has
less than seventy five percent data completeness. See 40 CFR part 50,
appendix I, 2.3(d).
In this proposed redesignation, EPA takes into account a number of
decisions and orders of the D.C. Circuit and Supreme Court of the
United States regarding the status of EPA's Cross State Air Pollution
Rule (CSAPR) that impact this proposed redesignation action. The effect
of those court actions on this rulemaking are discussed in detail in
Section IV of this notice.
III. What are the criteria for redesignation to attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided the following criteria are met: (1)
The Administrator determines that the area has attained the applicable
NAAQS, (2) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k), (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions, (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A, and (5) the
state containing such area has met all requirements applicable to the
area under section 110 and part D of title I of the CAA.
IV. What is EPA's analysis of the state's request?
As stated above, in accordance with the CAA, EPA proposes in
today's action: (1) To redesignate the Missouri portion of the St.
Louis to attainment for the 1997 8-hour O3 NAAQS; and (2) to approve
the Missouri portion of the St. Louis area's 1997 8-hour O3
maintenance plan. These actions are based upon EPA's determination that
the Missouri portion of the St. Louis area continues to attain the 1997
8-hour O3 NAAQS and that all other redesignation criteria
have been met for the Missouri portion of the St. Louis area. The five
redesignation criteria provided under CAA section 107(d)(3)(E) are
discussed in greater detail for the area in the following paragraphs of
this section.
Criteria (1)--The St. Louis Area Has Attained the 1997 8-Hour O3 NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). EPA is proposing to determine that
the St. Louis area is attaining the 1997 8-hour O3 NAAQS.
For O3, an area may be considered to be attaining the
1997 8-hour ozone if it meets the 1997 8-hour ozone NAAQS, as
determined in accordance with 40 CFR 50.10 and appendix I of part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. To attain this NAAQS, the fourth-highest
daily maximum 8-hour average ozone concentration is less than or equal
to 0.08 ppm. Based on the rounding convention described in 40 CFR part
50, appendix I, the standard is attained if the design value \1\ is
0.084 ppm or below. The relevant data must be collected and quality-
assured in accordance with 40 CFR part 58 and recorded in the EPA Air
Quality System (AQS) database. The monitors generally should have
remained at the same location for the duration of the monitoring period
required for demonstrating attainment.
---------------------------------------------------------------------------
\1\ The design value is the highest three-year average of the
fourth-highest daily maximum 8-hour average for all monitors within
the area.
---------------------------------------------------------------------------
On June 9, 2011, EPA determined that the St. Louis area was
attaining the 1997 8-hour O3 NAAQS (76 FR 33647). In that
action, EPA reviewed O3 monitoring data from monitoring
stations in the area for the 1997 8-hour O3 NAAQS for 2008-
2010. These data have been quality-assured and are recorded in AQS. On
April 30, 2012, at 77 FR 25363, EPA also finalized a determination that
the St. Louis area attained the 1997 8-hour O3 NAAQS by the
applicable attainment date of June 15, 2010. In addition, EPA has
reviewed more recent data, which indicates that
[[Page 78757]]
the St. Louis area is currently attaining the 1997 8-hour O3
NAAQS. The most recent year available with complete, quality-assured
and certified ambient air monitoring is 2013, during which the area
recorded a three year average O3 concentration of 0.082 ppm.
As summarized in Table 1 below, the 3-year average of annual arithmetic
mean concentrations (i.e., design values) for the years 2010, 2011, and
2013 for the St. Louis area are below the 1997 8-hour O3
NAAQS.
Table 1--Design Value Concentrations for the Missouri Portion of the St. Louis Area for the 1997 8-Hour O3 NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual O3 3-year design values (ppm)
State County Monitor AQS site ID ---------------------------------------------------
2008-2010 2009-2011 2010-2012 2011-2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
Missouri............................ Jefferson............. Arnold................ 29-099-0019 0.072 0.074 0.079 0.076
Missouri............................ St. Charles........... Orchard Farm.......... 29-183-1004 0.074 0.075 0.080 0.078
West Alton............ 29-183-1002 0.077 0.079 0.086 0.082
Missouri............................ St. Louis............. Maryland Heights...... 29-189-0014 0.071 0.075 0.082 0.080
Pacific............... 29-189-0005 0.065 0.067 0.07 0.074
Missouri............................ St. Louis City........ Blair Street.......... 29-510-0085 0.069 0.071 0.079 0.077
--------------------------------------------------------------------------------------------------------------------------------------------------------
As discussed above, the design value for an area is the 3-year
average of the fourth-highest daily maximum 8-hour average ozone
concentration recorded at any monitor in the area for a 3-year period.
Therefore, the 3-year design value for the period on which Missouri
based its redesignation request (2008-2010) for the St. Louis area is
0.077 ppm, which meets the NAAQS as described above. Additional details
can be found in EPA's final clean data determination for the St. Louis
area (76 FR 33647, June 9, 2011). EPA has reviewed the most recent data
available, which indicate that the St. Louis area is currently
attaining the 1997 O3 NAAQS beyond the submitted 3-year
attainment period of 2008-2010.\2\ The certified 3-year design value
for 2011-2013 is 0.082 ppm.\3\ As discussed in more detail below, MDNR
has committed to continue monitoring in this area in accordance with 40
CFR part 58.
---------------------------------------------------------------------------
\2\ The 3 year design value for the 2010-2012 period for the St.
Louis area recorded a violation at 0.086 ppm, but the area has since
come into attainment.
\3\ Under EPA's rounding convention described above, the
standard is attained if the design value is 0.084 ppm or below.
---------------------------------------------------------------------------
EPA proposes to determine that the data submitted by Missouri, as
well as the data taken from AQS, and additional EPA analysis indicate
that the St. Louis area is attaining the 1997 8-hour O3
NAAQS.
Criteria (2)--The Missouri Portion of the St. Louis Area Has a Fully
Approved SIP Under Section 110(k) and Criteria (5)--the Area Has Met
All Applicable Requirements Under Section 110 and Part D
EPA has determined that Missouri has met all currently applicable
SIP requirements for purposes of redesignation for the Missouri portion
of the St. Louis area under section 110 of the CAA (general SIP
requirements). Additionally, EPA has also determined that the Missouri
SIP meets all SIP requirements currently applicable for purposes of
redesignation under part D of title I of the CAA (requirements specific
to moderate nonattainment areas), in accordance with CAA section
107(d)(3)(E)(v). In addition, EPA has determined that the Missouri SIP
has been fully approved with respect to all requirements applicable for
purposes of redesignation in accordance with CAA section
107(d)(3)(E)(ii).
In proposing these determinations, EPA ascertained which
requirements are applicable to the Missouri portion of the St. Louis
area and, if applicable, that they are fully approved under section
110(k) of the CAA. See sections IV. a and b below.
a. The Missouri Portion of the St. Louis Area Has Met All Applicable
Requirements for Purposes of Redesignation Under Section 110 and Part D
of the CAA
General SIP Requirements. Section 110(a)(2) of title I of the CAA
delineates the general requirements for a SIP, which include
enforceable emissions limitations and other control measures, means, or
techniques; provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality;
and programs to enforce the limitations. General SIP elements and
requirements are delineated in section 110(a)(2) of title I, part A of
the CAA. These requirements include, but are not limited to, the
following: (1) Submittal of a SIP that has been adopted by the state
after reasonable public notice and hearing; (2) provisions for
establishment and operation of appropriate procedures needed to monitor
ambient air quality; (3) implementation of a source permit program;
provisions for the implementation of part C requirements (Prevention of
Significant Deterioration (PSD)); (4) provisions for the implementation
of part D requirements (Nonattainment New Source Review (NNSR) permit
programs); (5) provisions for air pollution modeling; and (6)
provisions for public and local agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. The section 110(a)(2)(D)
requirements are not linked with a particular nonattainment area's
designation and classification in that state. The transport SIP
submittal requirements, where applicable, continue to apply to a state
regardless of the designation of any one particular area in the state.
Thus, EPA does not believe that the CAA's interstate transport
requirements should be construed to be applicable requirements for
purposes of redesignation.
In addition, EPA believes other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's attainment status are not applicable requirements for
purposes of redesignation. The Missouri portion of the area will still
be subject to these requirements after the area is redesignated. The
section 110 and part D requirements which are linked with a particular
area's designation and classification are the relevant measures to
evaluate in reviewing a redesignation request. This approach is
consistent with EPA's existing policy on applicability of conformity
(i.e., for redesignations) and oxygenated fuels requirements, as well
as with section 184 ozone transport requirements. See Reading,
Pennsylvania, proposed and
[[Page 78758]]
final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826,
May 7, 1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR
20458, May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR
62748, December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
Part D Requirements. EPA has determined that Missouri has met all
currently applicable SIP requirements for purposes of redesignation for
the Missouri portion of the St. Louis area under part D of the CAA.
Subpart 1 of part D, found in sections 171-179 of the CAA, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas. Subpart 2 of part D, which includes section 182 of the CAA,
establishes additional specific requirements depending on the area's
nonattainment classification.
The St. Louis area was classified as a moderate nonattainment area
under subpart 2, therefore the state must meet the applicable
requirements of both subpart 1 and subpart 2 of part D. The applicable
subpart 1 requirements are contained in sections 172(c)(1)-(9) and in
section 176. The applicable subpart 2 requirements are contained in
sections 182(a) and (b) (marginal and moderate nonattainment area
requirements).
For purposes of evaluating this redesignation request, the
applicable part D, subpart 1 SIP requirements for all nonattainment
areas are contained in sections 172(c)(1)-(9) and in section 176. A
thorough discussion of the requirements contained in section 172 can be
found in the General Preamble for Implementation of title I (57 FR
13498, April 16, 1992).
Subpart 1 Section 172 Requirements: Section 172(c)(1) requires the
plans for all nonattainment areas to provide for the implementation of
all reasonably available control measures(RACM) as expeditiously as
practicable and to provide for the attainment of the national ambient
air quality standards. EPA interprets this requirement to impose a duty
on all nonattainment areas to consider all available control measures
and to adopt and implement such measures as are reasonably available
for implementation in each area as components of the area's attainment
demonstration. Under Section 172, states with nonattainment areas must
submit plans providing for timely attainment and meeting a variety of
other requirements. Section 182 of the CAA, found in subpart 2 of part
D, establishes additional specific requirements depending on the areas
ozone nonattainment classification. For purposes of evaluating this
redesignation request, the applicable part D, subpart 2 SIP
requirements for all moderate nonattainment areas are contained in
section 182 (b)(1) through (5).
EPA's longstanding interpretation of the nonattainment planning
requirements of section 172 is that once an area is attaining the
NAAQS, those requirements are not ``applicable'' for purposes of CAA
section 107(d)(3)(E)(ii) and therefore need not be approved into the
SIP before EPA can redesignate the area. In the 1992 General Preamble
for Implementation of Title I, EPA set forth its interpretation of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining a standard. See 57 FR 13498, 13564
(April 16, 1992). EPA noted that the requirements for reasonable
further progress and other measures designed to provide for attainment
do not apply in evaluating redesignation requests because those
nonattainment planning requirements ``have no meaning'' for an area
that has already attained the standard. Id. This interpretation was
also set forth in the Calcagni Memorandum (September 4, 1992).\4\ EPA's
understanding of section 172 also forms the basis of its Clean Data
Policy, which was articulated with regard to ozone in 40 CFR 51.918,
and suspends a state's obligation to submit most of the attainment
planning requirements that would otherwise apply, including an
attainment demonstration and planning SIPs to provide for reasonable
further progress (RFP), RACM, and contingency measures under section
172(c)(9). Courts have upheld EPA's interpretation of section
172(c)(1)'s ``reasonably available'' control measures and control
technology as meaning only those controls that advance attainment,
which precludes the need to require additional measures where an area
is already attaining. NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir.
2009); Sierra Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra
Club v. EPA, 314 F.3d 735, 744 (5th Cir. 2002).
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\4\ John Calcagni, Director Air Quality Management Division (MD-
15), Office of Air Quality Planning and Standards. ``Procedures for
Processing Requests to Redesignate Areas to Attainment'' Memorandum
to EPA Director, Air, Pesticides, and Toxics Management Division,
Regions I and IV, Director, Air and Waste Management Division,
Region II, Director, Air, Radiation and Toxics Division, Region III,
Director, Air and Radiation Division, Region V, Director, Air,
Pesticides, and Toxics Division, Director, Air, and Toxics Division,
Regions VII, VIII, IX, and X, September 4, 1992, (Calcagni
Memorandum).
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Therefore, because attainment has been determined in the St. Louis
Area, no additional measures are needed to provide for attainment, and
section 172(c)(1) requirements for an attainment demonstration and RACM
are no longer considered to be applicable for purposes of redesignation
as long as the Area continues to attain the standard until
redesignation. The section 172(c)(2) requirement that nonattainment
plans contain provisions promoting reasonable further progress toward
attainment is also not relevant for purposes of redesignation because
EPA has determined that the St. Louis Area has monitored attainment of
the 1997 8-hour ozone NAAQS. In addition, because the Area has attained
the NAAQS and is no longer subject to an RFP requirement, the
requirement to submit the section 172(c)(9) contingency measures is not
applicable for purposes of redesignation. Section 172(c)(6) requires
the SIP to contain control measures necessary to provide for attainment
of the NAAQS. Because attainment has been reached, no additional
measures are needed to provide for attainment.
Sections 172(c)(3) and 182(b)(1) require submission and approval of
a comprehensive, accurate, and current inventory of actual emissions.
Section 182(b) references section 182(a) of the CAA which requires, in
part, that states submit a current inventory of actual emissions (CAA
Section 182(a)(1)). Missouri submitted a 2002 base-year emissions
inventory on June 16, 2006, and EPA approved the submission on May 31,
2007, as meeting the section 172(c)(3) and section 182(b)(1) emissions
inventory requirement. See 72 FR 30272.
Section 172(c)(4) of the CAA requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and CAA section 172(c)(5) requires
source permits for the construction and operation of new and modified
major stationary sources anywhere in the nonattainment area. EPA has
determined that, since the PSD requirements will apply after
redesignation, areas being redesignated need not comply with the
requirement that a nonattainment NSR program be approved prior to
redesignation, provided that the area demonstrates maintenance of the
NAAQS without part D NSR. A more detailed rationale for this view is
described in a memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, dated October 14, 1994, entitled, ``Part D New
Source Review Requirements for Areas Requesting
[[Page 78759]]
Redesignation to Attainment.'' Nevertheless, Missouri currently has an
approved NNSR program and Missouri's approved PSD program for the 1997
8-hour O3 NAAQS will become effective in the Missouri
portion of the St. Louis area upon redesignation to attainment.
Section 172(c)(7) of the CAA requires the SIP to meet the
applicable provisions of CAA section 110(a)(2). As noted previously, we
believe the Missouri SIP meets the requirements of CAA section
110(a)(2) that are applicable for purposes of redesignation.
Subpart 1 Section 176 Conformity Requirements. Section 176(c) of
the CAA requires states to establish criteria and procedures to ensure
that Federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects
developed, funded or approved under Title 23 of the United States Code
(U.S.C.) and the Federal Transit Act (transportation conformity) as
well as to all other Federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with Federal conformity regulations relating to
consultation, enforcement and enforceability which EPA promulgated
pursuant to its authority under the CAA. EPA approved the most recent
revisions to the transportation conformity SIP for the Missouri portion
of the St. Louis area on August 29, 2013 (78 FR 53247).
Thus, for purposes of redesignating the Missouri portion of the St.
Louis area to attainment, EPA is proposing that Missouri has satisfied
all applicable requirements for purposes of redesignation for the St.
Louis area under CAA section 110 and part D of title I of the CAA.
Subpart 2 Section 182(a) and (b) Requirements Comprehensive
Emissions Inventory. Section 182(a)(1) requires the submission of a
comprehensive emission inventory. As mentioned above, EPA approved
Missouri's 2002 inventory as meeting the section 182(a)(1)
comprehensive emissions inventory requirement. See 72 FR 30272.
Missouri also submitted a 2008 emissions inventory as the base year as
part of the maintenance plan.
Emissions Statement. Section 182(a)(3)(B) requires states with
areas designated nonattainment for the ozone NAAQS to submit a SIP
revision to require emissions statements to be submitted to the state
by sources within that nonattainment area. EPA approved Missouri's
emission statement SIP on May 31, 2007 (72 FR 30272).
VOC RACT. Section 182(b)(2) requires states with moderate
nonattainment areas to implement RACT under section 172(c)(1) with
respect to each of the following: (1) All sources covered by a Control
Technology Guideline (CTG) documented issued between November 15, 1990,
and the date of attainment; (2) all sources covered by a CTG issued
prior to November 15, 1990; and, (3) all other major non-CTG stationary
sources. With respect to the first category, EPA issued CTGs for five
source categories in September 2006, three source categories in
September 2007, and five additional source categories in Sept 2008.
Areas classified as moderate and above were required to submit VOC RACT
for the source categories covered by these CTGs, by September 2007,
September 2008, and September 2009, respectively. Missouri submitted a
SIP revision on January 17, 2007, with a supplemental revision on June
1, 2007, and May 8, 2012. EPA approved the VOC RACT rules on January
23, 2012, (77 FR 3144) and January 6, 2014 (79 FR 580).
NOX RACT. Section 182(f) establishes NOX requirements
for ozone nonattainment areas. However, it provides that these
requirements do not apply to an area if the Administrator determines
that NOX reductions would not contribute to attainment of
the NAAQS. On July 21, 2011, EPA approved a request from Missouri to
exempt sources of NOX in the Missouri portion of the St.
Louis area from section 182(f) NOX RACT requirements. See 76
FR 43598. Therefore, the state of Missouri need not have fully approved
NOX control measures under section 182(f) for the Missouri
portion of the St. Louis area to be redesignated to attainment.
Stage II Vapor Recovery. Originally, the section 182(b)(3) Stage II
requirements applied to all moderate ozone nonattainment areas.
However, under section 202(a)(6) of the CAA, 42 U.S.C. 7521(a)(6), the
requirements of section 182(b)(3) no longer apply in moderate ozone
nonattainment areas after EPA promulgated the onboard refueling vapor
recovery standards on April 6, 1994 (59 FR 16262), codified at 40 CFR
parts 86 (including 86.098-8), 88 and 600. Under implementation rules
issued in 2002 for the 1997 8-hour ozone NAAQS, EPA retained the Stage
II-related requirements under section 182(b)(3) as they applied for the
now-revoked 1-hour ozone NAAQS. See 40 CFR 51.900(f)(5)and 40 CFR
51.916(a). Therefore, as a moderate ozone nonattainment area for the
1997 standard, the Missouri portion of the St. Louis area is not
subject to the Stage 2 vapor recovery program requirements.
Vehicle Inspection and Maintenance (I/M). Section 182(b)(4) of the
CAA requires states with areas designated nonattainment for the ozone
NAAQS to submit SIPs requiring inspection and maintenance of vehicles
(I/M). EPA approved Missouri's 10 CSR 10-5.380 ``Motor Vehicle
Emissions Inspection'' rule into the Missouri SIP on May 18, 2000 (65
FR 31480), and approved an additional revision on May 12, 2003 (68 FR
25414). Missouri replaced this rule with 10 CSR 10-5.381, ``On-board
Diagnostics Motor Vehicle Emissions Inspection'', and has been
implementing the program since 2007. EPA has included in the docket for
this action the TSD for the proposed approval of 10 CSR 10-5.381, which
is being addressed in a separate action. The TSD explains in detail the
projected emissions based on the state-approved I/M program. As
demonstrated in the TSD, emissions have continued to trend downward
since the implementation of this program by the State. The TSD further
explains EPA's basis for proposing approval of 10 CSR 10-5.381 into the
SIP. If EPA receives comments on that proposal and they impact this
redesignation request, EPA will address those comments in relation to
this action as well.\5\
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\5\ EPA-R07-OAR-2014-0399.
---------------------------------------------------------------------------
Thus, for purposes of redesignating the Missouri portion of the St.
Louis area to attainment, EPA determines that Missouri has satisfied
all applicable requirements for CAA section 110 and part D of title I
of the CAA.
b. The Missouri Portion of the St. Louis Area has a Fully Approved
Applicable SIP Under Section 110(k) of the CAA.
EPA has fully approved the state's SIP for the Missouri portion of
the St. Louis area for the 1997 8-hour ozone nonattainment area under
section 110(k) of the CAA for all requirements applicable for purposes
of redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request (see Calcagni Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir.
1998); Wall v. EPA, 265 F.3d 426(6th Cir. 2001, upholding this
interpretation)) plus any additional measures it may approve in
conjunction with a redesignation action (see 68 FR 25426 (May 12, 2003)
and citations therein). Following passage of the CAA of 1970, Missouri
has adopted and submitted, and EPA has fully approved at various times,
provisions addressing the various SIP elements applicable for the 1997
8-hour ozone NAAQS in the
[[Page 78760]]
St. Louis area (e.g., (72 FR 25975, May 8, 2007) and (76 FR 40619, July
11, 2011)).
Criteria (3)--The Air Quality Improvement Is Due to Permanent and
Enforceable Reductions in Emissions Resulting From Implementation of
the SIP and Applicable Federal Air Pollution Control Regulations and
Other Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii)).
For redesignating a nonattainment area to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP and
applicable Federal air pollution control regulations and other
permanent and enforceable reductions. EPA proposes to find that
Missouri has demonstrated that the observed air quality improvement in
the St. Louis area is due to permanent and enforceable reductions in
emissions resulting from implementation of the SIP, Federal measures,
and other state adopted measures discussed below.
In making this demonstration, MDNR has calculated the change in
emissions from a nonattainment year inventory to an attainment year
inventory. For the nonattainment inventory, Missouri developed a 2002
base year emissions inventory. For the attainment inventory, Missouri
developed an inventory for 2008, one of the years the St. Louis area
monitored attainment of the standard. See section b. below for
discussion on development of these inventories. The reduction in
emissions and the corresponding improvement in air quality over this
time period can be attributed to a number of permanent and enforceable
regulatory control measures that St. Louis and upwind areas have
implemented in recent years.
a. Permanent and Enforceable Controls Implemented
The following is a discussion on the permanent and enforceable
measures that have been implemented in the area. Reductions in VOC and
NOX emissions have occurred statewide and in upwind areas as
a result of Federal emission control measures, with additional emission
reductions expected to occur in the future. Federal emission control
measures include the following:
Tier 2 vehicle standards and low-sulfur gasoline. These emission
control requirements result in lower VOC and NOX emissions
from new cars and light duty trucks, including sport utility vehicles.
The Federal rules were phased in between 2004 and 2009. EPA has
estimated that, after phasing in the new requirements, new vehicles
emit less NOX in the following percentages: Passenger cars
(light duty vehicles)--seventy seven percent; light duty trucks,
minivans, and sports utility vehicles--eighty six percent; and larger
sports utility vehicles, vans, and heavier trucks--sixty-nine to
ninety-five percent. VOC emission reductions are expected to range from
12 to 18 percent. EPA expects fleet wide average emissions to decline
by similar percentages as new vehicles replace older vehicles. Some of
these emission reductions occurred by the attainment years (2008-2010)
and additional emission reductions will occur throughout the
maintenance period.
Heavy-duty Diesel Engine Rule. On October 6, 2000, EPA promulgated
a rule to reduce NOX and VOC emissions from heavy-duty
gasoline and diesel highway vehicles that began to take effect in 2004
(65 FR 59896). The program should achieve a ninety-five percent
reduction in NOX emission for new engines compared to
existing engines.
Tier 4 Non-Road Diesel Engine Rule. Promulgated in 2004, this rule
is being phased in between 2008 and 2014. This rule will require
stricter emission standards for nonroad diesel engines. When fully
implemented, these rules will reduce NOX emissions by up to
ninety percent. Some of these emission reductions occurred by the
attainment years (2008-2010) and additional emission reductions will
occur throughout the maintenance period.
Nonroad Large spark-ignition engines and recreational engines
standards. The nonroad spark-ignition and recreational engine
standards, effective in July 2003, regulate NOX, and
hydrocarbons from groups of previously unregulated nonroad engines.
These engine standards apply to large spark-ignition engines (e.g.,
forklifts and airport ground service equipment), recreational vehicles
(e.g., off-highway motorcycles and all-terrain-vehicles), and
recreational marine diesel engines sold in the United States and
imported after the effective date of these standards.
When all of the nonroad spark-ignition and recreational engine
standards are fully implemented, an overall seventy-two percent
reduction in hydrocarbons and eighty percent reduction in
NOX, emissions are expected by 2020. These controls will
help reduce ambient concentrations of ozone.
Furthermore, because ozone concentrations in the St. Louis area are
likely impacted by the transport of nitrogen oxides, or transport of
ozone produced downwind from nitrogen oxides, the area's air quality is
likely affected by regulation of NOX emissions from power
plants in other states. EPA promulgated the NOX SIP Call,
Clean Air Interstate Rule (CAIR) and CSAPR to address NOX
emissions from large electric generating units (EGUs) and certain non-
EGUs across the eastern United States.
NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued the
NOX SIP Call pursuant to the CAA to require 22 states and
the District of Columbia to reduce NOX emissions. Affected
states were required to comply with Phase I of the SIP Call beginning
in 2004, and Phase II beginning in 2007. As part of the NOX
SIP Call, the eastern third of Missouri was required to comply with
Phase II of the program. In response, Missouri developed rules
governing the control of NOX emissions from EGUs, major non-
EGU industrial boilers, major cement kilns, and large internal
combustion engines. EPA approved Missouri's Phase II NOX SIP
Call rules on August 15, 2006 (71 FR 46860). Implementation of the
Phase II rules was projected to result in an eighty-two percent
NOX reduction from 1995 levels. Missouri rules which address
the NOX SIP call include:
10 CSR 10-6.350, Emissions limitations and Emissions
Trading of Oxides of Nitrogen
10 CSR 10-6.360, Controlling NOX Emissions From Electric
Generating Units and Non-Electric Generating Boilers
10 CSR 10-6.380, Control of NOX Emissions From Portland
Cement Kilns
10 CSR 10-6.390, Control of NOX Emissions From Large
Stationary Internal Combustion Engines
Clean Air Interstate Rule (CAIR) and the Cross State Air Pollution
Rule (CSAPR). The Clean Air Interstate Rule (CAIR) was promulgated in
2005 and required twenty eight eastern states and the District of
Columbia to significantly reduce emissions of SO2 and
NOX from electric generating units (EGUs) in order to limit
the interstate transport of these pollutants and the ozone and fine
particulate matter these pollutants form in the atmosphere. 70 FR 25162
(May 12, 2005). In 2008, the D.C. Circuit initially vacated CAIR and
ordered EPA to replace CAIR in its entirety, North Carolina v. EPA, 531
F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA
without vacatur in order to preserve the environmental benefits
provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir.
2008). On August 8, 2011, acting on the
[[Page 78761]]
Court's remand, EPA promulgated CSAPR in order to replace CAIR and
address interstate transport of emissions and the resulting secondary
formation of ozone and fine particulate matter (76 FR 48208).\6\ CSAPR
requires substantial reductions of SO2 and NOX
emissions from EGUs in twenty eight states in the eastern United
States. Implementation of the rule was scheduled to begin on January 1,
2012, when CSAPR's cap-and-trade programs would have superseded the
CAIR cap-and-trade programs. However, numerous parties filed petitions
for review of CSAPR, and on December 30, 2011, the D.C. Circuit issued
an order staying implementation of CSAPR pending resolution of the
petitions for review and directing EPA to continue to administer CAIR.
EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Dec. 30,
2011), ECF No. 1350421 at 2.
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\6\ CAIR addressed the 1997 p.m.2.5 annual standard and the 1997
8-hour ozone standard. CSAPR addresses contributions from upwind
states to downwind nonattainment and maintenance of the 2006 24-hour
PM2.5 standard as well as the ozone and PM2.5
NAAQS addressed by CAIR.
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On August 21, 2012, the D.C. Circuit issued a decision addressing a
subset of the issues raised by the petitioners which vacated and
remanded CSAPR to the Agency and once again ordered continued
implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696
F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit subsequently denied EPA's
petition for rehearing en banc. EME Homer City Generation, L.P. v. EPA,
No. 11-1302 (D.C. Cir. Jan. 24, 2013), ECF No. 1417012. EPA and other
parties then petitioned the Supreme Court for a writ of certiorari, and
the Supreme Court granted the petitions on June 24, 2013. EPA v. EME
Homer City Generation, L.P., 133 S. Ct. 2857 (2013).
On April 29, 2014, the Supreme Court reversed the D.C. Circuit's
decision regarding CSAPR and remanded the case back to the D.C. Circuit
for further proceedings consistent with its opinion. EPA v. EME Homer
City Generation, L.P., 134 S. Ct. 1584 (2014). In light of the Supreme
Court decision, EPA filed a motion asking the D.C. Circuit to lift the
stay and toll all deadlines in CSAPR by three years, and on October 23,
2014, the D.C. Circuit granted EPA's motion. EME Homer City Generation,
L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23, 2014), ECF No. 1518738 at
3.
As noted above, CAIR was promulgated in 2005 and incentivized early
reductions from sources in all covered states, including those upwind
of the St. Louis area. On December, 14, 2007, EPA approved Missouri's
CAIR rules into the SIP and the state's CAIR rules became effective in
2009.(72 FR 71073) With regard to the EGUs located in the Missouri
portion of the St. Louis nonattainment area, the requirements in CAIR
were no more stringent than the requirements under the NOX
SIP Call other than the fact that the annual NOX emissions
had to be controlled in addition to ozone season NOX
emissions. The Missouri rule written to comply with the NOX
SIP Call requirements for EGUs was replaced with the CAIR
NOX regulations, 10 CSR 10-6.362, Clean Air Interstate Rule
Annual NOX Trading program and 10 CSR 10-6.364, Clean Air Interstate
Rule Seasonal NOX Trading program, and include limits for non-EGU
boilers, specifically Trigen Units 5 and 6 and Anheuser Busch Unit 6.
However, these three units have all been retired, and received retired
unit exemptions that prohibit these units from operating.
Missouri's redesignation request lists CAIR as a control measure.
CAIR was thus in place and getting emission reductions in Missouri and
in states upwind of Missouri when the St. Louis area began monitoring
attainment of the 1997 8-hour ozone NAAQS, and the quality-assured,
certified monitoring data used to demonstrate the area's attainment of
the 1997 8-hour ozone NAAQS is therefore impacted by CAIR. Furthermore,
because ozone concentrations in the St. Louis area are likely impacted
by the transport of nitrogen oxides, or transport of ozone produced
downwind from nitrogen oxides, the area's air quality is likely
affected by regulation of NOX emissions from power plants in
other states.
Table 2 presents statewide NOX EGU emissions data for
the years 2002 and 2008 for the several states that were found to
significantly contribute to ambient ozone concentrations in the St.
Louis area. Emissions for 2008 reflect implementation of CAIR. Table 2
shows that states contributing to the St. Louis area reduced
NOX emissions from EGUs by thirty nine percent between 2002
and 2008.
Table 2--Comparison of 2002, 2008, and 2013 Statewide EGU NOX Emissions Tons Per Year (TPY) for States Impacting the St. Louis Area \7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
EGU CAMD ozone season NOX
----------------------------------------------------------------------------------------------
State Net change 2002- Net change 2008-
2002 (tons) 2008 (tons) 2008 (tons) 2013 (tons) 2013 (tons)
--------------------------------------------------------------------------------------------------------------------------------------------------------
AR....................................................... 25,662 21,743 -3,920 22,614 871
IL....................................................... 100,374 57,565 -42,808 29,158 -28,407
IN....................................................... 158,379 94,253 -64,126 59,232 -35,021
KY....................................................... 107,953 69,007 -38,946 47,014 -21,994
MI....................................................... 78,343 57,124 -21,219 38,241 -18,883
MO....................................................... 77,389 48,627 -28,762 42,629 -5,997
MS....................................................... 30,583 27,445 -3,139 14,586 -12,859
OH....................................................... 215,907 102,730 -113,176 49,160 -53,571
TN....................................................... 95,012 38,902 -56,110 14,243 -24,659
----------------------------------------------------------------------------------------------
Total................................................ 889,602 517,396 -372,206 316,877 -200,520
--------------------------------------------------------------------------------------------------------------------------------------------------------
On November 21, 2014, the Administrator signed an action that
published in the Federal Register on December 3, 2014, (79 FR 71163)
amending the regulatory text of CSAPR to reflect the Court's October
23, 2014, order tolling all deadlines in CSAPR by three years,
including provisions governing the sunsetting of CAIR. CAIR will
therefore sunset at the end of 2014 and be replaced by CSAPR beginning
January 1, 2015. Relative to CAIR, CSAPR requires similar or greater
emission reductions from relevant upwind areas starting in 2015 and
[[Page 78762]]
beyond. See Tables 6 through 8 for area emissions inventory projections
that incorporate expected EGU emissions reductions from CSAPR within
Missouri, and Table 9 for EGU emissions projections in states upwind of
the St. Louis area. The emission reductions associated with CAIR that
helped the St. Louis area achieve attainment of the 1997 8-hour ozone
NAAQS can therefore be considered permanent and enforceable for
purposes of redesignation under section 107(d)(3)(E)(iii) of the CAA.
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\7\ EPA CAMD quarterly data: ftp://ftp.epa.gov/dmdnload/emissions/daily/quarterly/.
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State and Local Measures. Missouri has several other state
regulations that provide permanent and enforceable controls for
NOX and VOC emissions in the St. Louis area. These SIP
approved rules include:
10 CSR 10-5.070 ``Open Burning Restrictions''
10 CSR 10-6.070 ``New Source Performance Regulations''
10 CSR 10-6.075 ``Maximum Achievable Control Technology
Regulations''
10 CSR 10-6.080 ``Emissions Standards for Hazardous Air
Pollutants''
10 CSR 10-5.330 ``Control of Emissions from Industrial
Surface Coating Operations''
10 CSR 10-5.340 ``Control of Emissions from Rotogravure
and Flexographic Printing''
10 CSR 10-5.442 ``Control of Emissions from Lithographic
Printing Operations''
10 CSR 10-5.455 ``Control of Emissions from Solvent
Cleanup Operations''
Reformulated Gasoline (RFG). In July of 1998, Missouri requested
that EPA extend the requirement for sale of RFG to St. Louis, Franklin,
Jefferson, and St. Charles counties and the City of St. Louis in an
effort to address the St. Louis ozone nonattainment area. On March 3,
1999 (64 FR 10366), EPA granted this request with compliance required
by June 1, 1999.
Vehicle Inspection and Maintenance Program. To meet nonattainment
area requirements for the one-hour ozone standard, Missouri implemented
an inspection and maintenance program beginning in 2000 in the counties
of St. Louis, St. Charles, and Jefferson and the City of St. Louis.
Missouri codified the program through state rule 10 CSR 10-5.380,
``Motor Vehicle Emissions Inspection,'' and EPA approved an additional
revision to this rule on May 12, 2003 (68 FR 25414). The program was
established to address ozone formation and reduce NOX and
VOC emissions in the area. The mobile source emissions inventory
projections used in this demonstration incorporate a new inspection and
maintenance program rule, 10 CSR 10-5.381, which replaces the 10-5.380
rule. The State has implemented 10 CSR 10-5.381 since 2007. EPA has
included in the docket for this action the TSD for the proposed
approval of 10 CSR 10-5.381, which is being proposed for approval in a
separate action.\8\ The TSD explains in detail the projected emissions
based on the state-approved I/M program. As demonstrated in the TSD,
emissions have continued to trend downward since the implementation of
this program by the State. The TSD further explains EPA's basis for
proposing approve of 10 CSR 10-5.381 into the SIP. If EPA receives
comments on that proposal and they impact this redesignation request,
EPA will address those comments in relation to this action as well.
---------------------------------------------------------------------------
\8\ EPA-R07-OAR-2014-0399.
---------------------------------------------------------------------------
b. Emission Reductions
Missouri is using the 2002 comprehensive emissions inventory
submitted to EPA's National Emissions Inventory (NEI) to meet the
requirement of section 172(c)(3) of the CAA as the nonattainment base
year inventory. MDNR's inventory contains NOX and VOC
emissions for point, area, nonroad and onroad sources and was EPA
approved May 31, 2007, (https://www.gpo.gov/fdsys/pkg/FR-2007-05-31/html/E7-10231.htm).
The St. Louis area attained the 1997 8-hour O3 NAAQS
based on monitoring data for the 3-year period from 2008-2010. MDNR has
selected 2008 as the attainment emission inventory year. The attainment
inventory identifies a level of NOX and VOC emissions in the
area that is sufficient to attain the 1997 8-hour O3 NAAQS.
Missouri prepared a comprehensive 2008 emissions inventory to use as
the attainment year inventory. Point source ozone season day emissions
were calculated on the Emissions Inventory Questionnaire of actual
emissions or EIQ form 2.0Z, Ozone Season Information. Area ozone season
day emissions were calculated from Emissions Modeling Clearinghouse
(EMCH) temporal allocation profiles that are Source Classification
Codes (SCC)-specific. Ozone season day emissions are typical of a
Tuesday in July. Nonroad emissions were generated using EPA's NONROAD
model and onroad attainment year inventories originated from EPA's
mobile model, Mobile6.2. For more information on EPA's analysis of the
2002 and 2008 emissions inventory, see EPA's TSD dated October 28,
2014, or appendix A, B, and E of the state submittal, available on line
at www.regulations.gov, Docket ID No. EPA-OAR-R07-2014-0900.
Using the inventories described above Missouri has documented
changes in emissions from 2002 to 2008 for the St. Louis area as shown
in tables below. Table 5 demonstrates that the entire St. Louis area
has reduced emissions during the period except as described below.
Table 3--2002 VOC and NOX Emissions for the Missouri Portion of the St.
Louis Nonattainment Area Tons Per Day
[tpd]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Point Sources..................... 32.7 127.2
Area Sources...................... 71.3 19.4
On-Road Mobile Sources............ 68.1 159.0
Non-Road Mobile Sources........... 47.0 60.7
-------------------------------------
Totals........................ 219.1 366.3
------------------------------------------------------------------------
[[Page 78763]]
Table 4--2008 VOC and NOX Emissions for the Missouri Portion of the St.
Louis Nonattainment Area
[tpd]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Point Sources..................... 18.0 88.8
Area Sources...................... 99.5 6.5
On-Road Mobile Sources............ 57.9 96.2
Non-Road Mobile Sources........... 45.2 53.6
-------------------------------------
Totals........................ 220.5 245.2
------------------------------------------------------------------------
Table 5--Comparison of 2002 and 2008 VOC and NOX Emissions for the
Missouri Side of the St. Louis Nonattainment Area
[tpd]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Point Sources..................... -14.7 -38.4
Area Sources...................... +28.2 -12.9
On-Road Mobile Sources............ -10.2 -68.2
Non-Road Mobile Sources........... -1.8 -7.1
-------------------------------------
Totals........................ +1.4 -121.1
------------------------------------------------------------------------
* Note: A negative value indicates a projected decrease in emissions
from 2008 to 2025.
A positive value indicates a projected increase in emissions from 2008
to 2025.
As indicated in the table 5, NOX emissions decreased by
121 tpd which is a thirty three percent reduction. Total VOC emissions
remained relatively stable with a slight increase of less than one
percent or 1.4 tpd. MDNR determined that the VOC increase is due to a
change in the reporting of small, non-Title-V-permitted sources from
the point category in 2002 to the nonpoint category in 2008, as well as
numerous changes in the area source estimation methodologies and
emission factors. The substantial reduction in NOX emissions
between 2002 and 2008, along with other regional controls have resulted
in the improved monitored ground-level ozone concentrations in the St.
Louis nonattainment area attributable to the 1997 ozone NAAQS
compliance.
Based on the information summarized above, and information provided
in EPA's technical support document, which is a part of this docket,
Missouri has adequately demonstrated that the improvement in air
quality is due to permanent and enforceable emissions reductions.
Criteria (4)--The Area Has a Fully Approved Maintenance Plan Pursuant
to Section 175A of the CAA (Section 107(d)(3)(E)(iv))
In conjunction with its request to redesignate the St. Louis area
to attainment for the 1997 8-hour O3 NAAQS, MDNR submitted a
SIP revision on November 1, 2011, supplemented on April 29, 2014, and
further clarified on September 17, 2014, to provide for the maintenance
of the 1997 8-hour O3 NAAQS for at least ten years after the
effective date of redesignation to attainment. EPA believes this
maintenance plan meets the requirements for approval under section 175A
of the CAA.
a. Maintenance Plan Requirements
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least ten years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, MDNR must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the
ten years following the initial ten-year period, if applicable. To
address the possibility of future NAAQS violations, the maintenance
plan must contain such contingency measures, as EPA deems necessary, to
assure prompt correction of any future 1997 8-hour O3 NAAQS
violations. The Calcagni Memorandum provides further guidance on the
content of a maintenance plan, explaining that a maintenance plan
should address five requirements: (1) The attainment emissions
inventory, (2) a maintenance demonstration, (3) a commitment to
maintain the existing monitoring network, (4) verification of continued
attainment, and (5) a contingency plan to plan or prevent or correct
future violations. As discussed below, EPA is proposing that MDNR's
maintenance plan includes all the necessary components and is thus
proposing to approve it as a revision to the Missouri SIP.
b. Maintenance Plan Base Year Inventory
As discussed previously, the 2008 inventory used for the year of
attainment is called the Attainment Year Inventory. It is also referred
to as the Maintenance Plan Base Year Inventory and becomes the
inventory future years will be compared to in order to show
maintenance. However, MDNR created a different 2008 onroad inventory
for the comparison to future years in the maintenance plan. As
explained previously, for the 2008 onroad attainment inventory, MDNR
used NEI data which was developed using Mobile6.2 to compare with the
2002 nonattainment base year. A second 2008 onroad inventory was
developed utilizing MOVES to establish a maintenance base year for
comparison to the future 2017 and 2025 MOVES based future year
inventories. This allows for a smooth transition to the updated model
and to prevent comparing a MOVES version of 2008 attainment year with
the MOBILE6 version of the 2002 nonattainment base year inventory.
Therefore, the 2008 onroad mobile source inventory used for supporting
maintenance was developed using the most current version of EPA's
highway mobile source emissions model MOVES2010a.
[[Page 78764]]
Emissions projections to support maintenance through 2025 have been
prepared for the years 2017 and 2025, which is at the ten-year interval
required in section 175(A) of the CAA.
EPA has reviewed the documentation provided by MDNR and found the
emissions inventory to be acceptable. For more information on EPA's
analysis of the 2008 emissions inventory, see EPA's TSD dated October
28, 2014, or appendix B and E of the state submittal, available on line
at www.regulations.gov, Docket ID No. EPA-OAR-R07-2014-0900.
c. Maintenance Demonstration
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the Area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Calcagni Memorandum, p. 9. Where the
emissions inventory method of showing maintenance is used, the purpose
is to show that emissions during the maintenance period will not
increase over the attainment year inventory. Calcagni Memorandum, pp.
9-10.
As discussed in detail in the subsection below, Missouri's
maintenance plan submission demonstrates that the area's emissions
inventories will remain below the attainment year inventories through
2025. For a demonstration of maintenance, emissions inventories are
required to be projected to future dates to assess the influence of
future growth and controls; however, the maintenance demonstration need
not be based on air quality modeling. See Wall v. EPA, 265 F.3d 426
(6th Cir.2001); Sierra Club v. EPA, 375 F. 3d 537 [(7th Cir.2004)]. See
also 66 FR 53099-53100; 68 FR 25430-25432. MDNR uses projection
inventories to show that the area will remain in attainment. MDNR
developed projection inventories for an interim year of 2017 and a
maintenance plan end year of 2025 to show that future emissions of
NOX and VOC will remain at or below the attainment year 2008
emissions levels in the St. Louis area through the year 2025. In light
of more recent information on CSAPR, Missouri submitted on September
17, 2014, a revision that updated their future year projections for EGU
facilities using the presumption that CSAPR will be in place to control
emissions from sources. Non-EGU Point source and nonpoint sources were
developed using growth factors created from the EGAS model (https://www.epa.gov/ttnecas1/egas5.htm) using economic growth projections from
the Policy Insight[supreg] Model for Regional Economic Model, Inc.
(REMI) to project the future year inventory. EPA's Nonroad Model and
EPA's onroad mobile model, MOVES, were utilized to project mobile
source future inventories.
EPA has reviewed the documentation provided by MDNR and found the
methodologies acceptable. Tables 6 and 7 below show the inventories for
the 2008 attainment year, 2017 interim year, and the 2025 maintenance
plan end year for the Missouri portion of the area.
Table 6--Actual and Projected Annual NOX Emissions for the Missouri Portion of the St. Louis Area
[tpd]
----------------------------------------------------------------------------------------------------------------
Source category 2008 2017 2025
----------------------------------------------------------------------------------------------------------------
Point Sources.......................................... 88.84 87.01 89.81
Area Sources........................................... 6.52 6.68 6.85
On-Road Mobile Sources................................. 160.38 62.32 41.66
Off-Road Mobile Sources................................ 60.85 35.53 29.44
--------------------------------------------------------
Totals............................................. 316.59 191.54 167.76
----------------------------------------------------------------------------------------------------------------
Table 7--Actual and Projected Annual VOC Emissions for the Missouri Portion of the St. Louis Area
[tpd]
----------------------------------------------------------------------------------------------------------------
Source category 2008 2017 2025
----------------------------------------------------------------------------------------------------------------
Point Sources.......................................... 18.0 22.82 28.01
Area Sources........................................... 98.74 115.85 130.91
On-Road Mobile Sources................................. 58.53 27.51 20.15
Off-Road Mobile Sources................................ 46.44 28.88 28.17
--------------------------------------------------------
Totals............................................. 221.71 195.06 207.24
----------------------------------------------------------------------------------------------------------------
Table 8--Comparison of 2008 and 2025 NOX and VOC Emissions for the Missouri Portion of the St. Louis Area
[tpd]
----------------------------------------------------------------------------------------------------------------
Source category NOX VOC
-----------------------------------------------------------------------------------------------
Point Sources............................................ +0.97 +10.01
Area Sources............................................. +0.33 +31.44
On-Road Mobile Sources................................... -119.59 -40.71
Off-Road Mobile Sources.................................. -24.17 -16.99
------------------------------------------------------
Totals............................................... -148.83 -14.47
----------------------------------------------------------------------------------------------------------------
* Note: A negative value indicates a projected decrease in emissions from 2008 to 2025.
A positive value indicates a projected increase in emissions from 2008 to 2025.
[[Page 78765]]
Table 8 above shows between 2008 and 2025, the area is projected to
reduce NOX emissions by 148.83 tpd, and VOC emissions by
14.47 tpd. Thus, the projected emissions inventories show that the area
will continue to maintain the 1997 8-hour O3 NAAQS during
the 10 year maintenance period.
As discussed in detail above, the state's maintenance plan
submission demonstrates that the area's emission inventories will
remain below the attainment year inventories through at least 2025. In
addition, for the reasons set forth below, EPA believes that the
state's submission, in conjunction with additional supporting
information, further demonstrates that the area will continue to
maintain the 1997 8-hour O3 NAAQS at least through 2025.
Maintenance of the 1997 8-hour O3 standard in the area
is a function of regional as well as local emissions trends. The
regional impacts are dominated by the impacts of NOX
emissions. As discussed above, CAIR resulted in substantial
NOX emission reductions for the area, and beginning in 2015,
CSAPR will replace CAIR. CSAPR establishes emissions budgets for the
total emissions that may be emitted annually from EGUs in each covered
state.\9\ Table 9 below shows that for states significantly
contributing to ozone concentrations that actual EGU emissions in 2013
under CAIR, as well as Phase I budgets and Phase II assurance levels
under CSAPR, are well below the level of actual EGU emissions in those
same states during the attainment year of 2008. EPA therefore believes
that with CSAPR in place, regional emissions will not affect
maintenance of the 1997 8-hour ozone standard for the St. Louis area.
---------------------------------------------------------------------------
\9\ CSAPR's assurance provisions and associated penalties will
take effect January 1, 2017. See EPA interim final rule published
December 3, 2014 79 FR 71663. EPA does not expect states' emissions
under CSAPR's Phase 1 budgets, which will apply in 2015 and 2016, to
exceed what would have been their Phase 1 assurance levels under
CSAPR's originally planned implementation schedule, because in the
aggregate, state emissions are already meeting the Phase 1 budgets.
See EPA Motion to Lift the Stay Entered on December 30, 2011, EME
Homer City Generation, L.P. v. EPA, Case No. 11-1302 (filed June 26,
2014), ECF No. 1499505, Attachment at 9-15. See also 77 FR 10324,
10330-32 (February 21, 2012) (discussing EPA's rationale for
revising effective date of assurance provisions).
Table 9--Comparison of 2008 and 2013 Statewide EGU Ozone Season NOX Emissions with CSAPR 2015 Phase I Budget and
2017 Phase II Assurance Levels (TPY) From States That Impact the St. Louis Area \10\
----------------------------------------------------------------------------------------------------------------
CSAPR 2017 Phase
State Attainment year 2013 CSAPR 2015 Phase II assurance
2008 I budget level
----------------------------------------------------------------------------------------------------------------
AR.................................. 21,743 22,614 15,110 18,283
IL.................................. 57,565 29,158 21,208 21,662
IN.................................. 94,253 59,232 46,876 55,872
KY.................................. 69,007 47,014 36,167 39,536
MI.................................. 57,124 38,241 28,041 32,536
MO.................................. 48,627 42,629 22,788 25,530
MS.................................. 27,445 14,586 12,429 15,039
OH.................................. 102,730 49,160 41,284 47,206
TN.................................. 38,902 14,243 14,908 9,699
----------------------------------------------------------------------------------------------------------------
EPA's proposed approval is based on a showing, in accordance with
CAA section 175A, that Missouri's submittal demonstrates that the area
can maintain through 2025.
---------------------------------------------------------------------------
\10\ https://www.epa.gov/airtransport/CSAPR/pdfs/OzoneSeasonNOx.xls.
---------------------------------------------------------------------------
d. Monitoring Network
There is an extensive monitoring network measuring O3 in
the St. Louis area. MDNR has committed to continue operation of the
network in the area in compliance with 40 CFR part 58 and have thus
addressed the requirement for monitoring. EPA approved Missouri's 2013
monitoring plan on November 22, 2013. https://www.epa.gov/region7/air/quality/quality.htm.
e. Verification of Continued Attainment
MDNR has the legal authority to enforce and implement the
requirements of the Missouri portion of the St. Louis area 1997 8-hour
O3 maintenance plan. This includes the authority to adopt,
implement and enforce any subsequent emissions control contingency
measures determined to be necessary to correct future O3
attainment problems.
MDNR will track the progress of the maintenance plan by performing
future reviews of triennial emission inventories for the St. Louis area
as required in the Air Emissions Reporting Rule (AERR). For these
periodic inventories, MDNR will review the assumptions made for the
purpose of the maintenance demonstration concerning projected growth of
activity levels.
f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. A state
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must include a requirement that a state will implement all measures
with respect to control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d).
The contingency plan included in the submittal includes a
triggering mechanism to determine when contingency measures are needed
and a process of developing and implementing appropriate control
measures. MDNR will use actual ambient monitoring data as the
triggering event to determine when contingency measures should be
implemented.
Missouri has identified two different levels of corrective
responses should the 8-hour O3 level exceed the NAAQS in any
year. A level I trigger occurs when the fourth highest 8-hour ozone
concentration exceeds 84 ppb in any year at any monitoring station in
the nonattainment area as described in the state's submittal for the
St. Louis area.
MDNR will evaluate a level I condition, if it occurs, as
expeditiously as practicable to determine the causes of
[[Page 78766]]
the ambient O3 increase. If adverse emission trends are
likely to continue, MDNR will first evaluate and subsequently adopt and
implement control measures, taking into consideration the ease of
implementation and the technical and economic feasibility of selected
measures, as outlined in the state's plan no later than twenty four
months after quality-assured ambient data has been entered into EPA's
AQS database indicating a level I trigger.
A level II trigger is activated when any violation of the 8-hour
O3 NAAQS at any Federal reference method monitor in the St.
Louis maintenance area is recorded, based on quality-assured monitoring
data. In this event, MDNR will conduct a comprehensive study to
determine the cause of the violation within six months of the
triggering event. Selected measures will be implemented as
expeditiously as practicable, taking into consideration the ease of
implementation and the technical and economic feasibility of selected
measures, as outlined in the state's plan no later than twenty four
months after quality-assured ambient data has been entered into EPA's
AQS database indicating a level II trigger.
The comprehensive measures will be selected from the following
types of measures, as further detailed in the state's submission, or
from any other measure deemed appropriate and effective at the time the
selection is made by MDNR:
Controls for local individual sources with significant
effects on the monitored violation;
Revisions to current rules that control NOX and
VOC emissions such as lowering limits and applicability thresholds of
current rules; and
Establishing new rules that control NOX and VOC
emissions.
In addition to the triggers indicated above, Missouri commits to
compiling and monitoring O3 inventories for the Missouri
portion of the area every three years throughout the duration of the
maintenance period to facilitate the emissions trends analysis included
in the contingency plan under levels I and II.
EPA has concluded that the maintenance plan adequately addresses
the five basic components of a maintenance plan: Attainment emission
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. Therefore, EPA
proposes to find that the maintenance plan SIP revision submitted by
MDNR for the Missouri portion of the St. Louis area meets the
requirements of section 175A of the CAA and is approvable.
g. Motor Vehicle Emissions Budgets for Transportation Conformity
Purposes
Generally, maintenance plans establish motor vehicle emissions
budgets for the last year of the maintenance plan, at a minimum (40 CFR
93.118(b)(2)(i)). However, Missouri did not include motor vehicle
emissions budgets for the last year of this maintenance plan because
EPA revoked the 1997 ozone NAAQS for transportation conformity purposes
on May 21, 2012 and, therefore, the area is not required to demonstrate
conformity for the 1997 ozone NAAQS. (77 FR 30167) EPA notes that
Missouri has submitted motor vehicle emissions budgets for the 2008
ozone NAAQS. Those budgets will become applicable when either EPA
completes the adequacy process that was started on October 4, 2013, or
approves these budgets, whichever occurs earlier.
In addition, the state submission has met the public notice
requirements for SIP submissions in accordance with 40 CFR 51.102. The
submission also satisfied the completeness criteria of 40 CFR part 51,
appendix V. As explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
V. Summary of Proposed Actions
EPA is proposing several actions regarding the area's redesignation
and maintenance of the 1997 8-hour O3 NAAQS. We are
processing this as a proposed action because we are soliciting
comments. First, EPA is proposing to determine, based on complete,
quality-assured and certified monitoring data for the 2008-2010
monitoring period, and after review of all available data in AQS, that
the St. Louis area is currently attaining the 1997 8-hour O3
NAAQS. EPA is also proposing to determine that the St. Louis area has
met the criteria under CAA section 107(d)(3)(E) for redesignation from
nonattainment to attainment for the 1997 8-hour O3 NAAQS, as
discussed in more detail above in section IV. Therefore, EPA is
proposing to approve Missouri's request to redesignate the St. Louis
Area and change the legal designation of Franklin, Jefferson, St.
Charles, and St. Louis Counties along with the City of St. Louis from
nonattainment to attainment for the 1997 8-hour ozone NAAQS.
Second, EPA is proposing to approve the maintenance plan for the
St. Louis area. The maintenance plan demonstrates that the area will
continue to maintain the 1997 8-hour O3 NAAQS.
If finalized, approval of the redesignation request would change
the official designation of the Missouri portion of the St. Louis area
for the 1997 8-hour O3 NAAQS, found at 40 CFR part 81, from
nonattainment to attainment.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rulemaking would approve pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it 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).
This rulemaking also does not have tribal implications because it
will not have a substantial direct effect on one or more Indian tribes,
on the relationship between the Federal Government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action also does not have
Federalism implications because it does not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). Thus Executive
Order 13132 does not apply to this action. This action merely approves
a state rule implementing a Federal standard, and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This rulemaking also is not subject to
[[Page 78767]]
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) because
it approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5
CFR 1320.3(b).
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 proposed rule
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 2, 2015. Filing a petition for
reconsideration by the Administrator of this proposed rule does not
affect the finality of this rulemaking 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
future rule or action.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen Oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 19, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR parts 52 and 81 as set forth
below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. Section 52.1342 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1342 Control strategy: Ozone.
* * * * *
(c) On November 3, 2011, and April 29, 2014, Missouri submitted
requests to redesignate the Missouri portion of the St. Louis MO-IL
area to attainment of the 1997 8-hour ozone standard. The Missouri
portion of the St. Louis MO-IL area includes Jefferson, Franklin, St.
Charles, and St. Louis Counties along with the City of St. Louis. As
part of the redesignation request, the State submitted a plan for
maintaining the 1997 8-hour ozone standard through 2025 in the area as
required by Section 175A of the Clean Air Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. Section 81.326 is amended by revising the entry for St. Louis MO-IL
in the table entitled ``Missouri--1997 8-Hour Ozone NAAQS (Primary and
Secondary)'' to read as follows:
Sec. 81.326 Missouri.
* * * * *
Missouri--1997 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
St. Louis, MO-IL:
Franklin County................. ............ Attainment............
Jefferson County................ ............ Attainment............
St. Charles County.............. ............ Attainment............
St. Louis City.................. ............ Attainment............
St. Louis County................ ............ Attainment............
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[[Page 78768]]
* * * * *
[FR Doc. 2014-30573 Filed 12-30-14; 8:45 am]
BILLING CODE 6560-50-P
