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, 9207-9209 [2015-03287]
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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations
EPA APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or
nonattainment area
State submittal/
effective date
*
*
2011 Emissions Inventory for the
2008 Ozone NAAQS.
*
Dallas-Fort Worth and HoustonGalveston-Brazoria
Ozone
Nonattainment Areas.
*
7/16/2014
EPA approval date
Comments
*
*
2/20/2015 [Insert Federal Register citation].
*
Environmental Protection
Agency.
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is taking final action 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. EPA’s approval of the
redesignation request is based on the
determination that the St. Louis area has
met the criteria for redesignation to
attainment set forth in the Clean Air Act
(CAA), including the determination that
the St. Louis area has attained the 1997
8-hour O3 standard. Additionally, EPA
is approving the state’s plan for
maintaining the 1997 O3 standard in the
St. Louis area for 10 years beyond
redesignation. In a separate action the
state of Illinois submitted a similar
redesignation request for the Illinois
portion of the St. Louis MO–IL 1997 8hour O3 area. On June 12, 2012, the EPA
published a document in the Federal
Register taking final action to address
the Illinois portion of the St. Louis area.
DATES: Effective date: This final rule is
effective on February 20, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2014–0900. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m.
excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: 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
[FR Doc. 2015–03449 Filed 2–19–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R07–OAR–2014–0900; FRL–9923–14–
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:
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SUMMARY:
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I. What is the background for this rule?
II. Summary of SIP Revisions
III. What action is EPA taking??
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
On July 18, 1997, EPA promulgated a
revised 8-hour O3 NAAQS of 0.08 parts
per million (ppm) (62 FR 38856). EPA
published a final rule designating and
classifying areas under the 8-hour O3
NAAQS on April 30, 2004 (69 FR
23857). In that rulemaking, the St. Louis
area was designated as nonattainment
for the 1997 8-hour O3 standard and
classified as a moderate nonattainment
area under subpart 2 of the CAA.
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On November 3, 2011, Missouri
requested redesignation of the Missouri
portion of the St. Louis area to
attainment of the 1997 8-hour O3
standard, and requested approval of the
Missouri SIP revision containing a
maintenance plan for the Missouri
portion of the St. Louis area. Missouri
submitted a supplement to this request
on April 29, 2014.
On June 9, 2011 (76 FR 33647), EPA
issued a final rulemaking determining
that the entire St. Louis MO–IL area
attained the 1997 8-hour O3 NAAQS
based on three years of complete,
quality assured O3 data for the period of
2008–2010.
On December 31, 2014(79 FR 78755),
EPA published a notice of proposed
rulemaking (NPR) proposing to approve
Missouri’s request to redesignate the
Missouri portion of the St. Louis area to
attainment of the 1997 8-hour O3
standard, and also proposing to approve
Missouri’s maintenance plan for the
area. The proposed rulemaking provides
a detailed discussion and sets forth the
basis for determining that Missouri’s
redesignation request meets the CAA
requirements for redesignation to
attainment for the 1997 8-hour O3
NAAQS.
The primary background for this
action is contained in EPA’s December
31, 2014, proposal to approve Missouri’s
redesignation request, and in EPA’s June
9, 2011, final rulemaking determining
that the area has attained the 1997 8hour O3 standard based on complete,
quality assured monitoring data for
2008–2010. In these rulemakings, we
noted that under EPA regulations at 40
CFR 50.10 and 40 CFR part 50,
appendix I provides that the 8-hour O3
standard is attained when the three-year
average of the annual fourth-highest
daily maximum 8-hour average O3
concentration is less than or equal to
0.08 ppm, when rounded at all
monitoring sites in the area. See 69 FR
23857 (April 30, 2004). To support the
redesignation of the area to attainment
of the NAAQS, the O3 data must be
complete for the three attainment years.
The data completeness requirement is
met when the average percent of days
with valid ambient monitoring data is
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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). Under the
CAA, EPA may redesignate a
nonattainment area to attainment if
sufficient, complete, quality assured
data are available to determine that the
area has attained the standard and if it
meets the other CAA redesignation
requirements in section 107(d)(3)(E).
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II. Summary of SIP Revisions
On November 3, 2011, EPA received
a SIP revision from the State of Missouri
requesting redesignation of the Missouri
portion of the St. Louis MO–IL area to
attainment for the 1997 8-hour O3
standard, and approval of the area’s
maintenance plan. Missouri submitted a
supplemental revision on April 29,
2014. The maintenance plan is designed
to keep the Missouri portion of the St.
Louis area in attainment of the 1997 8hour O3 standard through 2025. A more
detailed rationale for EPA’s proposed
action to approve the SIP submissions
are explained in the NPR and will not
be restated here. The comment period
on EPA’s proposed rule opened
December 31, 2014, the date of its
publication in the Federal Register, and
closed on January 30, 2015. No public
comments were received on the NPR.
III. What action is EPA taking?
EPA is approving a request from the
State of Missouri to redesignate the
Missouri portion of the St. Louis, MO–
IL area to attainment of the 1997 8-hour
O3 standard. In addition, EPA is
approving as a revision to the Missouri
SIP, the State’s plan for maintaining the
1997 8-hour O3 standard through 2025
in the area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
action to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
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12:44 Feb 19, 2015
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adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule relieves the state of
various requirements for this
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for this action to become
effective on the date of publication of
this action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
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appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
List of Subjects
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: February 9, 2015.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR parts 52 and 81
as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations
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.
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.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
4. Section 81.326 is amended by
revising the entry for ‘‘St. Louis MO–IL’’
in the table entitled ‘‘Missouri—1997 8Hour Ozone NAAQS (Primary and
Secondary)’’ to read as follows:
■
§ 81.326
3. The authority citation for part 81
continues to read as follows:
■
*
*
Missouri.
*
*
*
MISSOURI—1997 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation a
Category/Classification
Designated area
Date 1
*
*
Date 1
Type
*
*
*
*
*
*
Type
*
*
St. Louis, MO–IL
Franklin County ..........................
Jefferson County ........................
St. Charles County .....................
St. Louis City ..............................
St. Louis County .........................
*
February
February
February
February
February
20,
20,
20,
20,
20,
*
2015
2015
2015
2015
2015
......................
......................
......................
......................
......................
*
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2013–0670; FRL–9922–08]
Dimethenamid; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of dimethenamid
in or on cottonseed subgroup 20C and
cotton, gin byproducts. BASF
Corporation requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
February 20, 2015. Objections and
requests for hearings must be received
on or before April 21, 2015, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
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SUMMARY:
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21:59 Feb 19, 2015
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2013–0670, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. 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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
[FR Doc. 2015–03287 Filed 2–19–15; 8:45 am]
Jkt 235001
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
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]]>Agencies
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9207-9209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03287]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2014-0900; FRL-9923-14-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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. EPA's approval of the redesignation request is based on
the determination that the St. Louis area has met the criteria for
redesignation to attainment set forth in the Clean Air Act (CAA),
including the determination that the St. Louis area has attained the
1997 8-hour O3 standard. Additionally, EPA is approving the
state's plan for maintaining the 1997 O3 standard in the St.
Louis area for 10 years beyond redesignation. In a separate action the
state of Illinois submitted a similar redesignation request for the
Illinois portion of the St. Louis MO-IL 1997 8-hour O3 area.
On June 12, 2012, the EPA published a document in the Federal Register
taking final action to address the Illinois portion of the St. Louis
area.
DATES: Effective date: This final rule is effective on February 20,
2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0900. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. The Regional Office's official hours of business
are Monday through Friday, 8:00 a.m. to 4:30 p.m. excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: 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 is the background for this rule?
II. Summary of SIP Revisions
III. What action is EPA taking??
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
On July 18, 1997, EPA promulgated a revised 8-hour O3
NAAQS of 0.08 parts per million (ppm) (62 FR 38856). EPA published a
final rule designating and classifying areas under the 8-hour
O3 NAAQS on April 30, 2004 (69 FR 23857). In that
rulemaking, the St. Louis area was designated as nonattainment for the
1997 8-hour O3 standard and classified as a moderate
nonattainment area under subpart 2 of the CAA.
On November 3, 2011, Missouri requested redesignation of the
Missouri portion of the St. Louis area to attainment of the 1997 8-hour
O3 standard, and requested approval of the Missouri SIP
revision containing a maintenance plan for the Missouri portion of the
St. Louis area. Missouri submitted a supplement to this request on
April 29, 2014.
On June 9, 2011 (76 FR 33647), EPA issued a final rulemaking
determining that the entire St. Louis MO-IL area attained the 1997 8-
hour O3 NAAQS based on three years of complete, quality
assured O3 data for the period of 2008-2010.
On December 31, 2014(79 FR 78755), EPA published a notice of
proposed rulemaking (NPR) proposing to approve Missouri's request to
redesignate the Missouri portion of the St. Louis area to attainment of
the 1997 8-hour O3 standard, and also proposing to approve
Missouri's maintenance plan for the area. The proposed rulemaking
provides a detailed discussion and sets forth the basis for determining
that Missouri's redesignation request meets the CAA requirements for
redesignation to attainment for the 1997 8-hour O3 NAAQS.
The primary background for this action is contained in EPA's
December 31, 2014, proposal to approve Missouri's redesignation
request, and in EPA's June 9, 2011, final rulemaking determining that
the area has attained the 1997 8-hour O3 standard based on
complete, quality assured monitoring data for 2008-2010. In these
rulemakings, we noted that under EPA regulations at 40 CFR 50.10 and 40
CFR part 50, appendix I provides that the 8-hour O3 standard
is attained when the three-year average of the annual fourth-highest
daily maximum 8-hour average O3 concentration is less than
or equal to 0.08 ppm, when rounded at all monitoring sites in the area.
See 69 FR 23857 (April 30, 2004). To support the redesignation of the
area to attainment of the NAAQS, the O3 data must be
complete for the three attainment years. The data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is
[[Page 9208]]
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).
Under the CAA, EPA may redesignate a nonattainment area to attainment
if sufficient, complete, quality assured data are available to
determine that the area has attained the standard and if it meets the
other CAA redesignation requirements in section 107(d)(3)(E).
II. Summary of SIP Revisions
On November 3, 2011, EPA received a SIP revision from the State of
Missouri requesting redesignation of the Missouri portion of the St.
Louis MO-IL area to attainment for the 1997 8-hour O3
standard, and approval of the area's maintenance plan. Missouri
submitted a supplemental revision on April 29, 2014. The maintenance
plan is designed to keep the Missouri portion of the St. Louis area in
attainment of the 1997 8-hour O3 standard through 2025. A
more detailed rationale for EPA's proposed action to approve the SIP
submissions are explained in the NPR and will not be restated here. The
comment period on EPA's proposed rule opened December 31, 2014, the
date of its publication in the Federal Register, and closed on January
30, 2015. No public comments were received on the NPR.
III. What action is EPA taking?
EPA is approving a request from the State of Missouri to
redesignate the Missouri portion of the St. Louis, MO-IL area to
attainment of the 1997 8-hour O3 standard. In addition, EPA
is approving as a revision to the Missouri SIP, the State's plan for
maintaining the 1997 8-hour O3 standard through 2025 in the
area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule ``grants or recognizes an exemption or
relieves a restriction,'' and section 553(d)(3), which allows an
effective date less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. This rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule relieves the state of various requirements
for this nonattainment area. For these reasons, EPA finds good cause
under 5 U.S.C. 553(d)(3) for this action to become effective on the
date of publication of this action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects
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: February 9, 2015.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 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.
[[Page 9209]]
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
St. Louis, MO-IL
----------------------------------------------------------------------------------------------------------------
Franklin County................. February 20, 2015.. Attainment.........
Jefferson County................ February 20, 2015.. Attainment.........
St. Charles County.............. February 20, 2015.. Attainment.........
St. Louis City.................. February 20, 2015.. Attainment.........
St. Louis County................ February 20, 2015.. Attainment.........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. 2015-03287 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P
