Approval and Promulgation of Implementation Plans; State of Missouri, Limited Maintenance Plan for the St. Louis Nonclassifiable Maintenance Area for the 8-Hour Carbon Monoxide National Ambient Air Quality Standard, 59611-59615 [2015-25037]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
is therefore not subject to review by the
Office of Management and Budget. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4), or require prior
consultation with State officials as
specified by Executive Order 12875 (58
FR 58093, October 28, 1993), or involve
special consideration of environmental
justice related issues as required by
Executive Order 12898 (59 FR 7629,
February 16, 1994).
Because this action is not subject to
notice-and-comment requirements
under the Administrative Procedure Act
or any other statute, it is not subject to
the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
Under 5 U.S.C. 801(a)(1)(A) as added
by the Small Business Regulatory
Enforcement Fairness Act of 1996, the
EPA will submit a report containing this
rule and other required information to
the U.S. Senate, the U.S. House of
Representatives and the Comptroller
General of the General Accounting
Office prior to publication of this rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 14, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
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.
Subpart F—California
2. Section 52.220 is amended by:
a. Revising paragraph (c)(168)(i)(A)(7);
and
■ b. Revising paragraph (c)(457)(i)(C).
The revised text reads as follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 52.220
Identification of plan.
*
*
*
* *
*
*
(c) * *
(168) *
(i) * *
VerDate Sep<11>2014
*
*
20:30 Oct 01, 2015
Jkt 238001
[FR Doc. 2015–24953 Filed 10–1–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0513; FRL–9934–98–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Missouri, Limited Maintenance Plan for
the St. Louis Nonclassifiable
Maintenance Area for the 8-Hour
Carbon Monoxide National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) submitted by
the State of Missouri relating to the
Limited Maintenance Plan for the St.
Louis area for the 8-Hour Carbon
Monoxide (CO) National Ambient Air
Quality Standard (NAAQS). On April 8,
2014, the Missouri Department of
Natural Resources (MDNR) submitted to
EPA a second 10-year maintenance plan
for the St. Louis area for the CO
NAAQS. This maintenance plan
addresses maintenance of the CO
NAAQS for a second 10-year period
beyond the original redesignation. In
accordance with the requirements of the
Clean Air Act (CAA), EPA is approving
the revision because the State
adequately demonstrates that the St.
Louis Maintenance area will maintain
air quality standards for CO through the
year 2022.
SUMMARY:
Accordingly, 40 CFR part 52 is
corrected by making the following
correcting amendments:
■
■
(A) * * *
(7) Previously approved on February
3, 1987 in paragraph (c)(168)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(457)(i)(C)(1): Rule 101 ‘‘Title’’ and
Rule 102 ‘‘Definitions’’, except for the
following definitions from existing SIP
BCAPCD Rule 102: ‘‘approved ignition
devices,’’ ‘‘open out-door fire’’,
‘‘permissive burn day,’’ ‘‘range
improvement burning,’’ ‘‘submerged fill
pipe,’’ and ‘‘vapor recovery system.’’.
*
*
*
*
*
(457) * * *
(i) * * *
(C) Butte County Air Quality
Management District.
(1) Rule 101, ‘‘Definitions,’’ amended
on April 24, 2014.
*
*
*
*
*
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
59611
This direct final rule will be
effective December 1, 2015, without
further notice, unless EPA receives
adverse comment by November 2, 2015.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0513, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: brown.steven@epa.gov.
3. Mail or Hand Delivery: Steven
Brown, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2015–
0513. EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets. The 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 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
DATES:
E:\FR\FM\02OCR1.SGM
02OCR1
59612
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the 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 form.
Publicly available docket materials are
available either electronically in
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 legal 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:
Steven Brown, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7718 or by email at
brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
asabaliauskas on DSK5VPTVN1PROD with RULES
I. What is being addressed in this document?
II. What is the background for this action?
III. Have the requirements for approval of a
SIP revision been met?
IV. Evaluation of Missouri’s Submittal
V. Transportation and General Conformity
VI. What action is EPA taking?
I. What is being addressed in this
document?
The EPA is taking direct final action
to approve revisions to the SIP
submitted by the State of Missouri
relating to the Limited Maintenance
Plan for the St. Louis area for the 8-hour
CO NAAQS.
Eight years after an area is
redesignated to attainment, CAA section
175A(b) requires the state to submit a
subsequent maintenance plan to EPA,
covering a second 10-year period. This
maintenance plan must demonstrate
continued compliance with the NAAQS
during this second 10-year period.
On April 8, 2014, the MDNR
submitted to EPA a second 10-year
maintenance plan for the St. Louis area
for the CO NAAQS and requested that
EPA approve this revision as meeting
the CAA section 175A requirements.
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
This maintenance plan addresses
maintenance of the CO NAAQS for a
second 10-year period beyond the
original redesignation.
This revision to Missouri’s SIP does
not have an adverse effect on air quality
and EPA’s approval of this SIP revision
is being done in accordance with the
requirements of the CAA.
II. What is the background for this
action?
Under section 107(d)(1)(C) of the Act,
any area designated before the date of
enactment of the CAA Amendments of
1990 was to be designated upon
enactment by operation of law. CO
nonattainment areas that had not
violated the CO standard in either year
for the two-year period 1988–1989 were
to be designated nonattainment and
identified as ‘‘not classified’’
nonattainment areas. Accordingly,
because the St. Louis area had not
violated the standard in the 1988–1989
period, on November 6, 1991, the St.
Louis area was designated
nonattainment for the CO NAAQS and
identified as ‘‘not classified’’ on
November 6, 1991 (56 FR 56786).
On June 13, 1997, the State requested
EPA to redesignate the St. Louis
nonattainment area to attainment and
submitted a limited maintenance plan to
demonstrate maintenance of the
standard for a 10-year period. EPA
published approval of the redesignation
request and maintenance plan on
January 26, 1999 (64 FR 3855). The State
has maintained the standard since and
recently submitted a second 10-year
maintenance plan to EPA on April 8,
2014.
An areas design value (DV) for the 8hour CO NAAQS is calculated by
finding the second maximum 8 hour
average value at each monitor, for each
year, for two years. The higher second
maximum is used as the areas DV and
the 8-hour CO standard is attained when
the daily average 8-hour CO
concentration of 9.0 parts per million
(ppm) is not exceeded more than once
a year.
Since the redesignation of the St.
Louis area to attainment for CO on
January 26, 1999, the second highest
concentration in any calendar year
measured by the EPA approved
monitoring network was 5.7 ppm,
which is less than 9.0 ppm.
In addition, areas that can
demonstrate design values at or below
7.65 ppm (85 percent of the 9.0 ppm CO
NAAQS) for 8 consecutive quarters may
use a limited maintenance plan option.
The State has opted to develop a limited
maintenance plan to fulfill the second
10-year maintenance plan required by
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
the CAA. The base year in the State’s
second 10-year maintenance plan is
2008, which has a design value of 2.8
ppm. EPA also reviewed air quality
monitoring data (2011–2012) and the 8hour CO design value for the St. Louis
area is 1.8 ppm. Thus, the area is well
below the 7.65 ppm (85 percent of the
9.0 ppm CO NAAQS) for 8 consecutive
quarters and qualifies to use the limited
maintenance plan option.
III. Have the requirements for approval
of a SIP revision been met?
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. In addition, the revision
meets the substantive SIP requirements
of the CAA, including Section 110 and
implementing regulations.
IV. Evaluation of Missouri’s Submittal
EPA has reviewed the St. Louis area
second 10-year CO maintenance plan
and concludes that the submittal meets
the requirements of section 175A(b) of
the Act. The following is a summary of
the requirements and EPA’s evaluation
of how each requirement is met.
A. Base Year Emissions Inventory
The plan must contain an attainment
year emissions inventory to identify a
level of emissions in the area which is
sufficient to attain the CO NAAQS. The
St. Louis area second 10-year CO
maintenance plan contains an emissions
inventory for the base year 2008 that is
consistent with EPA’s most recent
guidance on maintenance plan emission
inventories. The emissions inventory is
a list, by source, of the air contaminants
directly emitted into the St. Louis area.
The data in the emissions inventory is
based on calculations using emission
factors, which is a method for
converting source activity levels into an
estimate of emissions contributions for
those sources. Because violations of the
CO NAAQS are most likely to occur on
winter weekdays, the inventory
prepared is in a ‘‘typical winter day’’
format. The table below shows the tons
of CO emitted per winter day in 2008 by
source category.
County
Source category
CO
Emissions
(tons per
winter day)
Louis
Louis
Louis
Louis
.......
.......
.......
.......
Point Sources ...
Area Sources ....
On Road Mobile
Off Road Mobile
17.26
70.26
532.42
250.48
St. Louis .......
Total ..........
870.42
St.
St.
St.
St.
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
B. Demonstration of Maintenance
The maintenance plan demonstration
requirement is considered to be satisfied
for areas using the limited maintenance
plan option, which are required to
demonstrate design values at or below
7.65 ppm (85 percent of the 9.0 ppm CO
NAAQS) for 8 consecutive quarters. The
State has opted to develop a limited
maintenance plan to fulfill the St. Louis
area second 10-year maintenance plan
required by the CAA.
With the limited maintenance plan
option, there is no requirement to
project emissions of air quality over the
maintenance period. EPA believes that
if the area begins the maintenance
period at, or below, 85 percent of the 9.0
ppm of the CO 8-hour NAAQS, the
applicability of prevention of significant
deterioration requirements, the control
measures already in the SIP, and
Federal measures, should provide
adequate assurance of maintenance over
the 10-year maintenance period. The
last monitored exceedance occurred in
1994 and previous to that, 1987. The St.
Louis area met the requirements for the
Limited Maintenance Plan option in the
original redesignation and maintenance
plan approval in 1999. The design value
at that time (1994–1995) was 5.7 ppm
and the monitored CO levels have been
steadily in decline ever since. The 8hour CO design value for the St. Louis
area is 1.8 ppm based on 2011–2012
data, which is below the limited
maintenance plan requirement of 7.65
ppm. Therefore, the St. Louis area has
adequately demonstrated that it will
maintain the CO NAAQS into the
future.
asabaliauskas on DSK5VPTVN1PROD with RULES
C. Monitoring Network and Verification
of Continued Attainment
To verify the attainment status of the
area over the maintenance period, the
maintenance plan should contain
provisions for continued operation of an
appropriate, EPA-approved monitoring
network in accordance with 40 CFR part
58. The State has an approved
monitoring network that includes the St.
Louis area. The monitoring network was
most recently approved by EPA on
October 23, 2014. In the St. Louis
second 10-year CO maintenance plan,
MDNR commits to verify continued
attainment through the EPA-approved
monitoring network in accordance with
40 CFR part 58.
D. Contingency Plan
Section 175A(d) of the Act requires
that a maintenance plan include
contingency provisions. The St. Louis
second 10-year CO limited maintenance
plan contains a contingency plan that
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
would institute lowering CO limits on
existing rules that control CO emissions.
The contingency plan is triggered either
when (Level I) an exceedance of the 8
hour CO standard is recorded on any
monitor, or (Level II) when a violation
occurs at any monitor CO monitoring
stations in the nonattainment area. EPA
finds that the contingency measures
provided in the maintenance plan are
adequate to ensure prompt correction of
a violation.
V. Transportation and General
Conformity
Transportation conformity is required
by section 176(c) of the CAA. EPA’s
conformity rule requires that
transportation plans, programs, and
projects that are funded under 23 U.S.C.
or the Federal Transit Act conform to
SIPs. Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS. The
transportation conformity rule (40 CFR
parts 51 and 93) and the general
conformity rule (40 CFR parts 51 and
93) apply to nonattainment areas and
maintenance areas covered by an
approved maintenance plan. Under
either conformity rule, an acceptable
method of demonstrating that a Federal
action conforms to the applicable SIP is
to demonstrate that expected emissions
from the planned action are consistent
with the emissions budget for the area.
While EPA’s limited maintenance plan
option does not exempt an area from the
need to affirm conformity, it explains
that the area may demonstrate
conformity without submitting an
emissions budget. Under the limited
maintenance plan option, emissions
budgets are essentially treated as not
constraining for the length of the
maintenance period because it is
unreasonable to expect that the
qualifying areas would experience so
much growth in that period that a
violation of the CO NAAQS would
result. Similarly, Federal actions subject
to the general conformity rule could be
considered to satisfy the ‘‘budget test’’
specified in section 93.158(a)(5)(i)(A) for
the same reasons that the budgets are
essentially considered to be unlimited.
While areas with maintenance plans
approved under the limited
maintenance plan option are not subject
to the budget test, the areas remain
subject to other transportation
conformity requirements of 40 CFR part
93, subpart A. Thus, the metropolitan
planning organization (MPO) in the area
or the State must document and ensure
that:
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
59613
a. Transportation plans and projects
provide for timely implementation of
SIP transportation control measures in
accordance with 40 CFR 93.113;
b. Transportation plans and projects
comply with the fiscal constraint
element per 40 CFR 93.108;
c. The MPO’s interagency
consultation procedures meet applicable
requirements of 40 CFR 93.105;
d. Conformity of transportation plans
is determined no less frequently than
every four years, and conformity of plan
amendments and transportation projects
is demonstrated in accordance with the
timing requirements specified in 40 CFR
93.104;
e. The latest planning assumptions
and emissions model are used as set
forth in 40 CFR 93.110 and 40 CFR
93.111;
f. Projects do not cause or contribute
to any new localized CO or particulate
matter violations, in accordance with
procedures specified in 40 CFR 93.123;
and
g. Project sponsors and/or operators
provide written commitments as
specified in 40 CFR 93.125.
The MPO and lead transportation
agency in St. Louis is the East-West
Gateway Council of Governments
(EWG). EWG oversees transportation
conformity determinations of the
Interagency Consultation Committee
established in Missouri Administrative
Rule 10 CSR 10–5.480, which includes
MDNR, the Missouri Transportation
Department, the Federal Highway
Administration, Federal Transit
Administration, City of St. Louis
Department of Health, St. Louis County
Department of Health, St. Louis County
Department of Highways and the EPA;
as specified under 40 CFR part 93. St.
Louis is currently meeting the
requirements under 40 CFR part 93,
subpart A.
VI. What action is EPA taking?
EPA is taking direct final action to
approve this SIP revision. We are
publishing this rule without a prior
proposed rule because we view this as
a noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to approve this SIP
revision, if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document. If
EPA receives adverse comment, we will
E:\FR\FM\02OCR1.SGM
02OCR1
59614
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We will address all public
comments in any subsequent final rule
based on the proposed rule.
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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 1,
2015. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 21, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
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.
Subpart AA—Missouri
2. Section 52.1320(e) is amended by
adding new entry (67) at the end of the
table to read as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable
geographic area
or Nonattainment
area
Name of nonregulatory SIP provision
State submittal
date
EPA approval
date
Explanation
*
*
*
*
asabaliauskas on DSK5VPTVN1PROD with RULES
*
*
*
(67) Missouri 8-Hour CO Second Ten year Limited Maintenance Plan. ..........................................................................
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
PO 00000
Frm 00066
St. Louis
Fmt 4700
Sfmt 9990
4/8/14
E:\FR\FM\02OCR1.SGM
10/2/15, [Insert
FEDERAL REGISTER
citation]
02OCR1
EPA–R07–OAR–
2015–0513; FRL–
9934–98-Region
7]
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
[FR Doc. 2015–25037 Filed 10–1–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0470; FRL–9934–91–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Commonwealth of Pennsylvania;
Approval of the Base Year Emissions
Inventory for the Liberty-Clairton
Nonattainment Area for the 2006 24Hour Fine Particulate Matter Standard
and Approval of Transportation
Conformity Insignificance Findings for
the 1997 Annual and 2006 24-Hour Fine
Particulate Matter Standards for the
Liberty-Clairton Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve two revisions to the
Commonwealth of Pennsylvania
(Pennsylvania) State Implementation
Plan (SIP). The first revision consists of
the 2007 base year emissions inventory
for the Liberty-Clairton nonattainment
area (hereafter ‘‘the Liberty-Clairton
Area’’ or ‘‘the Area’’) with respect the
2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). The
second revision consists of
insignificance findings for the mobile
source contribution of PM2.5 and
nitrogen oxides (NOX) emissions for the
Liberty-Clairton Area for both the 1997
annual and 2006 24-hour PM2.5
standards. EPA is approving the 2007
base year emissions inventory for the
Liberty-Clairton Area for the 2006 24hour PM2.5 NAAQS. Furthermore, EPA
is finding the motor vehicle emission
inventories adequate for transportation
conformity purposes and is approving
the insignificance findings for the
mobile source contribution of PM2.5 and
NOX emissions for the Liberty-Clairton
Area for both the 1997 annual and 2006
24-hour PM2.5 standards. EPA is
approving these revisions in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on
December 1, 2015 without further
notice, unless EPA receives adverse
written comment by November 2, 2015.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2015–0470 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2015–0470,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015–
0470. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI, or otherwise
protected, through www.regulations.gov
or email. The 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 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 be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
59615
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 in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105;
and at the Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
39th Street, Pittsburgh, Pennsylvania
15201.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On June
21, 2013, the Commonwealth
Pennsylvania submitted, on behalf of
Allegheny County, a formal revision to
its SIP. The SIP revision consisted of the
2006 24-hour PM2.5 NAAQS attainment
plan for the Liberty-Clairton Area,
which included among other things, an
attainment demonstration, a 2007 base
year emissions inventory, a reasonably
available control measures (RACM)
analysis, and a description of
contingency measures. On July 31, 2014,
the SIP revision was supplemented to
include additional information
regarding control measures as part of the
attainment demonstration and
insignificance findings for
transportation conformity purposes for
both the 1997 and 2006 24-hour PM2.5
NAAQS.
Today’s action only pertains to the
approval of the 2007 base year
emissions inventory to satisfy the
requirement of section 172(c)(3) of the
CAA and the transportation conformity
insignificance findings to satisfy EPA’s
requirements at 40 CFR 93.118(e)(4) and
40 CFR 93.109(f).
I. Background
On July 16, 1997, EPA established an
annual PM2.5 NAAQS at 15.0
micrograms per cubic meter (mg/m3)
(hereafter referred to as ‘‘the 1997
annual PM2.5 NAAQS’’), based on a 3year average of annual mean PM2.5
concentrations (62 FR 38652, July 18,
1997). At that time, EPA also
established a 24-hour standard of 65 mg/
m3 (hereafter referred to as ‘‘the 1997
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59611-59615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25037]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0513; FRL-9934-98-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri, Limited Maintenance Plan for the St. Louis Nonclassifiable
Maintenance Area for the 8-Hour Carbon Monoxide National Ambient Air
Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) submitted by the State of Missouri relating to the Limited
Maintenance Plan for the St. Louis area for the 8-Hour Carbon Monoxide
(CO) National Ambient Air Quality Standard (NAAQS). On April 8, 2014,
the Missouri Department of Natural Resources (MDNR) submitted to EPA a
second 10-year maintenance plan for the St. Louis area for the CO
NAAQS. This maintenance plan addresses maintenance of the CO NAAQS for
a second 10-year period beyond the original redesignation. In
accordance with the requirements of the Clean Air Act (CAA), EPA is
approving the revision because the State adequately demonstrates that
the St. Louis Maintenance area will maintain air quality standards for
CO through the year 2022.
DATES: This direct final rule will be effective December 1, 2015,
without further notice, unless EPA receives adverse comment by November
2, 2015. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0513, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: brown.steven@epa.gov.
3. Mail or Hand Delivery: Steven Brown, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0513. EPA may publish any comment received to its public docket.
Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. The 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 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
[[Page 59612]]
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
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
form. Publicly available docket materials are available either
electronically in 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 legal 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: Steven Brown, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7718 or by email at
brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. What is the background for this action?
III. Have the requirements for approval of a SIP revision been met?
IV. Evaluation of Missouri's Submittal
V. Transportation and General Conformity
VI. What action is EPA taking?
I. What is being addressed in this document?
The EPA is taking direct final action to approve revisions to the
SIP submitted by the State of Missouri relating to the Limited
Maintenance Plan for the St. Louis area for the 8-hour CO NAAQS.
Eight years after an area is redesignated to attainment, CAA
section 175A(b) requires the state to submit a subsequent maintenance
plan to EPA, covering a second 10-year period. This maintenance plan
must demonstrate continued compliance with the NAAQS during this second
10-year period.
On April 8, 2014, the MDNR submitted to EPA a second 10-year
maintenance plan for the St. Louis area for the CO NAAQS and requested
that EPA approve this revision as meeting the CAA section 175A
requirements. This maintenance plan addresses maintenance of the CO
NAAQS for a second 10-year period beyond the original redesignation.
This revision to Missouri's SIP does not have an adverse effect on
air quality and EPA's approval of this SIP revision is being done in
accordance with the requirements of the CAA.
II. What is the background for this action?
Under section 107(d)(1)(C) of the Act, any area designated before
the date of enactment of the CAA Amendments of 1990 was to be
designated upon enactment by operation of law. CO nonattainment areas
that had not violated the CO standard in either year for the two-year
period 1988-1989 were to be designated nonattainment and identified as
``not classified'' nonattainment areas. Accordingly, because the St.
Louis area had not violated the standard in the 1988-1989 period, on
November 6, 1991, the St. Louis area was designated nonattainment for
the CO NAAQS and identified as ``not classified'' on November 6, 1991
(56 FR 56786).
On June 13, 1997, the State requested EPA to redesignate the St.
Louis nonattainment area to attainment and submitted a limited
maintenance plan to demonstrate maintenance of the standard for a 10-
year period. EPA published approval of the redesignation request and
maintenance plan on January 26, 1999 (64 FR 3855). The State has
maintained the standard since and recently submitted a second 10-year
maintenance plan to EPA on April 8, 2014.
An areas design value (DV) for the 8-hour CO NAAQS is calculated by
finding the second maximum 8 hour average value at each monitor, for
each year, for two years. The higher second maximum is used as the
areas DV and the 8-hour CO standard is attained when the daily average
8-hour CO concentration of 9.0 parts per million (ppm) is not exceeded
more than once a year.
Since the redesignation of the St. Louis area to attainment for CO
on January 26, 1999, the second highest concentration in any calendar
year measured by the EPA approved monitoring network was 5.7 ppm, which
is less than 9.0 ppm.
In addition, areas that can demonstrate design values at or below
7.65 ppm (85 percent of the 9.0 ppm CO NAAQS) for 8 consecutive
quarters may use a limited maintenance plan option. The State has opted
to develop a limited maintenance plan to fulfill the second 10-year
maintenance plan required by the CAA. The base year in the State's
second 10-year maintenance plan is 2008, which has a design value of
2.8 ppm. EPA also reviewed air quality monitoring data (2011-2012) and
the 8-hour CO design value for the St. Louis area is 1.8 ppm. Thus, the
area is well below the 7.65 ppm (85 percent of the 9.0 ppm CO NAAQS)
for 8 consecutive quarters and qualifies to use the limited maintenance
plan option.
III. Have the requirements for approval of a SIP revision been met?
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. In
addition, the revision meets the substantive SIP requirements of the
CAA, including Section 110 and implementing regulations.
IV. Evaluation of Missouri's Submittal
EPA has reviewed the St. Louis area second 10-year CO maintenance
plan and concludes that the submittal meets the requirements of section
175A(b) of the Act. The following is a summary of the requirements and
EPA's evaluation of how each requirement is met.
A. Base Year Emissions Inventory
The plan must contain an attainment year emissions inventory to
identify a level of emissions in the area which is sufficient to attain
the CO NAAQS. The St. Louis area second 10-year CO maintenance plan
contains an emissions inventory for the base year 2008 that is
consistent with EPA's most recent guidance on maintenance plan emission
inventories. The emissions inventory is a list, by source, of the air
contaminants directly emitted into the St. Louis area. The data in the
emissions inventory is based on calculations using emission factors,
which is a method for converting source activity levels into an
estimate of emissions contributions for those sources. Because
violations of the CO NAAQS are most likely to occur on winter weekdays,
the inventory prepared is in a ``typical winter day'' format. The table
below shows the tons of CO emitted per winter day in 2008 by source
category.
------------------------------------------------------------------------
CO
Emissions
County Source category (tons per
winter
day)
------------------------------------------------------------------------
St. Louis........................ Point Sources............ 17.26
St. Louis........................ Area Sources............. 70.26
St. Louis........................ On Road Mobile........... 532.42
St. Louis........................ Off Road Mobile.......... 250.48
-----------
St. Louis........................ Total................. 870.42
------------------------------------------------------------------------
[[Page 59613]]
B. Demonstration of Maintenance
The maintenance plan demonstration requirement is considered to be
satisfied for areas using the limited maintenance plan option, which
are required to demonstrate design values at or below 7.65 ppm (85
percent of the 9.0 ppm CO NAAQS) for 8 consecutive quarters. The State
has opted to develop a limited maintenance plan to fulfill the St.
Louis area second 10-year maintenance plan required by the CAA.
With the limited maintenance plan option, there is no requirement
to project emissions of air quality over the maintenance period. EPA
believes that if the area begins the maintenance period at, or below,
85 percent of the 9.0 ppm of the CO 8-hour NAAQS, the applicability of
prevention of significant deterioration requirements, the control
measures already in the SIP, and Federal measures, should provide
adequate assurance of maintenance over the 10-year maintenance period.
The last monitored exceedance occurred in 1994 and previous to that,
1987. The St. Louis area met the requirements for the Limited
Maintenance Plan option in the original redesignation and maintenance
plan approval in 1999. The design value at that time (1994-1995) was
5.7 ppm and the monitored CO levels have been steadily in decline ever
since. The 8-hour CO design value for the St. Louis area is 1.8 ppm
based on 2011-2012 data, which is below the limited maintenance plan
requirement of 7.65 ppm. Therefore, the St. Louis area has adequately
demonstrated that it will maintain the CO NAAQS into the future.
C. Monitoring Network and Verification of Continued Attainment
To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 40 CFR part 58. The State has an approved monitoring
network that includes the St. Louis area. The monitoring network was
most recently approved by EPA on October 23, 2014. In the St. Louis
second 10-year CO maintenance plan, MDNR commits to verify continued
attainment through the EPA-approved monitoring network in accordance
with 40 CFR part 58.
D. Contingency Plan
Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions. The St. Louis second 10-year CO limited
maintenance plan contains a contingency plan that would institute
lowering CO limits on existing rules that control CO emissions. The
contingency plan is triggered either when (Level I) an exceedance of
the 8 hour CO standard is recorded on any monitor, or (Level II) when a
violation occurs at any monitor CO monitoring stations in the
nonattainment area. EPA finds that the contingency measures provided in
the maintenance plan are adequate to ensure prompt correction of a
violation.
V. Transportation and General Conformity
Transportation conformity is required by section 176(c) of the CAA.
EPA's conformity rule requires that transportation plans, programs, and
projects that are funded under 23 U.S.C. or the Federal Transit Act
conform to SIPs. Conformity to a SIP means that transportation
activities will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the NAAQS. The transportation
conformity rule (40 CFR parts 51 and 93) and the general conformity
rule (40 CFR parts 51 and 93) apply to nonattainment areas and
maintenance areas covered by an approved maintenance plan. Under either
conformity rule, an acceptable method of demonstrating that a Federal
action conforms to the applicable SIP is to demonstrate that expected
emissions from the planned action are consistent with the emissions
budget for the area. While EPA's limited maintenance plan option does
not exempt an area from the need to affirm conformity, it explains that
the area may demonstrate conformity without submitting an emissions
budget. Under the limited maintenance plan option, emissions budgets
are essentially treated as not constraining for the length of the
maintenance period because it is unreasonable to expect that the
qualifying areas would experience so much growth in that period that a
violation of the CO NAAQS would result. Similarly, Federal actions
subject to the general conformity rule could be considered to satisfy
the ``budget test'' specified in section 93.158(a)(5)(i)(A) for the
same reasons that the budgets are essentially considered to be
unlimited. While areas with maintenance plans approved under the
limited maintenance plan option are not subject to the budget test, the
areas remain subject to other transportation conformity requirements of
40 CFR part 93, subpart A. Thus, the metropolitan planning organization
(MPO) in the area or the State must document and ensure that:
a. Transportation plans and projects provide for timely
implementation of SIP transportation control measures in accordance
with 40 CFR 93.113;
b. Transportation plans and projects comply with the fiscal
constraint element per 40 CFR 93.108;
c. The MPO's interagency consultation procedures meet applicable
requirements of 40 CFR 93.105;
d. Conformity of transportation plans is determined no less
frequently than every four years, and conformity of plan amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104;
e. The latest planning assumptions and emissions model are used as
set forth in 40 CFR 93.110 and 40 CFR 93.111;
f. Projects do not cause or contribute to any new localized CO or
particulate matter violations, in accordance with procedures specified
in 40 CFR 93.123; and
g. Project sponsors and/or operators provide written commitments as
specified in 40 CFR 93.125.
The MPO and lead transportation agency in St. Louis is the East-
West Gateway Council of Governments (EWG). EWG oversees transportation
conformity determinations of the Interagency Consultation Committee
established in Missouri Administrative Rule 10 CSR 10-5.480, which
includes MDNR, the Missouri Transportation Department, the Federal
Highway Administration, Federal Transit Administration, City of St.
Louis Department of Health, St. Louis County Department of Health, St.
Louis County Department of Highways and the EPA; as specified under 40
CFR part 93. St. Louis is currently meeting the requirements under 40
CFR part 93, subpart A.
VI. What action is EPA taking?
EPA is taking direct final action to approve this SIP revision. We
are publishing this rule without a prior proposed rule because we view
this as a noncontroversial action and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of this Federal Register, we
are publishing a separate document that will serve as the proposed rule
to approve this SIP revision, if adverse comments are received on this
direct final rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will
[[Page 59614]]
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in any subsequent final rule based on the
proposed rule.
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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 1, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 21, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 52.1320(e) is amended by adding new entry (67) at the end of
the table to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
----------------------------------------------------------------------------------------------------------------
Applicable
geographic area State submittal
Name of nonregulatory SIP provision or Nonattainment date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(67) Missouri 8-Hour CO Second Ten St. Louis 4/8/14 10/2/15, [Insert EPA-R07-OAR-2015-
year Limited Maintenance Plan...... Federal Register 0513; FRL-9934-98-
citation] Region 7]
----------------------------------------------------------------------------------------------------------------
[[Page 59615]]
[FR Doc. 2015-25037 Filed 10-1-15; 8:45 am]
BILLING CODE 6560-50-P
