Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Emissions Inventory and Emissions Statement for the Missouri Portion of the St. Louis MO-IL Ozone Nonattainment Area, 9346-9350 [2016-03901]
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations
2012, January 1, 2013 and April 1, 2013,
and published as effective in the Utah
State Bulletin on May 15, 2013.
(2) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–353, Plastic
Parts Coatings; effective May 1, 2013, as
proposed in the Utah State Bulletin on
October 1, 2012, January 1, 2013 and
April 1, 2013, and published as effective
in the Utah State Bulletin on May 15,
2013.
(G)(1) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–312,
Aggregate Processing Operations for
PM2.5 Nonattainment Areas; effective
February 1, 2013, as proposed in the
Utah State Bulletin on October 1, 2012
and January 1, 2013, and published as
effective in the Utah State Bulletin on
February 15, 2013.
(2) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–344, Paper,
Film and Foil Coatings; effective
February 1, 2013, as proposed in the
Utah State Bulletin on October 1, 2012
and January 1, 2013, and published as
effective in the Utah State Bulletin on
February 15, 2013.
(3) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–345, Fabric
and Vinyl Coatings; effective February
1, 2013, as proposed in the Utah State
Bulletin on October 1, 2012 and January
1, 2013, and published as effective in
the Utah State Bulletin on February 15,
2013.
(4) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–346, Metal
Furniture Surface Coatings; effective
February 1, 2013, as proposed in the
Utah State Bulletin on October 1, 2012
and January 1, 2013, and published as
effective in the Utah State Bulletin on
February 15, 2013.
(5) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–347, Large
Appliance Surface Coatings; effective
February 1, 2013, as proposed in the
Utah State Bulletin on October 1, 2012
and January 1, 2013, and published as
effective in the Utah State Bulletin on
February 15, 2013.
(6) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–348, Magnet
Wire Coatings; effective February 1,
2013, as proposed in the Utah State
Bulletin on October 1, 2012 and January
1, 2013, and published as effective in
the Utah State Bulletin on February 15,
2013.
(7) Title R307 of the Utah
Administrative Code, Environmental
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Quality, Air Quality, R307–349, Flat
Wood Panel Coatings; effective February
1, 2013, as proposed in the Utah State
Bulletin on October 1, 2012 and January
1, 2013, and published as effective in
the Utah State Bulletin on February 15,
2013.
(8) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–352, Metal
Container, Closure and Coil Coatings;
effective February 1, 2013, as proposed
in the Utah State Bulletin on October 1,
2012 and January 1, 2013, and
published as effective in the Utah State
Bulletin on February 15, 2013.
(9) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–354,
Automotive Refinishing Coatings;
effective February 1, 2013, as proposed
in the Utah State Bulletin on October 1,
2012 and January 1, 2013, and
published as effective in the Utah State
Bulletin on February 15, 2013.
(H) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–350,
Miscellaneous Metal Parts and Products
Coatings; effective December 3, 2013, as
proposed in the Utah State Bulletin on
August 1, 2013 and November 1, 2013,
and published as effective in the Utah
State Bulletin on January 1, 2014.
(I) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–356,
Appliance Pilot Light; effective January
1, 2013, as proposed in the Utah State
Bulletin on August 15, 2012, and
December 1, 2012, and published as
effective in the Utah State Bulletin on
January 15, 2013.
(J) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–357,
Consumer Products, R307–357–4,
Consumer Products, Standards;
effective May 8, 2014, as proposed in
the Utah State Bulletin on April 1, 2014,
and published as effective in the Utah
State Bulletin on June 1, 2014.
(K) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–361,
Architectural Coatings; effective
October 31, 2013, as proposed in the
Utah State Bulletin on July 1, 2013 and
October 1, 2013, and published as
effective in the Utah State Bulletin on
November 15, 2013.
(L) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–307, Road
Salting and Sanding; effective February
1, 2013, as proposed in the Utah State
Bulletin on October 1, 2012 and January
1, 2013, and published as effective in
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the Utah State Bulletin on February 15,
2013.
(M) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–351, Graphic
Arts; effective February 1, 2013, as
proposed in the Utah State Bulletin on
October 1, 2012 and January 1, 2013,
and published as effective in the Utah
State Bulletin on February 15, 2013.
(N) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–355, Control
of Emissions from Aerospace
Manufacture and Rework Facilities;
effective February 1, 2013, as proposed
in the Utah State Bulletin on October 1,
2012 and January 1, 2013, and
published as effective in the Utah State
Bulletin on February 15, 2013.
[FR Doc. 2016–03898 Filed 2–24–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0438; FRL–9942–76–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Missouri; Emissions Inventory and
Emissions Statement for the Missouri
Portion of the St. Louis MO-IL Ozone
Nonattainment Area
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) for the state
of Missouri. The revisions address base
year Emissions Inventory (EI) and
emissions statement requirements of the
Clean Air Act (CAA) for the Missouri
portion of the St. Louis marginal ozone
nonattainment area (‘‘St. Louis area’’).
The Missouri counties comprising the
St. Louis area are Franklin, Jefferson, St.
Charles, and St. Louis along with the
City of St. Louis. EPA is taking final
action to approve the SIP revisions
because they satisfy the CAA section
182 requirements for the 2008 8-hour
ozone National Ambient Air Quality
Standards (NAAQS). EPA is approving
the revisions pursuant to section 110
and part D of the CAA and EPA’s
regulations. EPA will consider and take
action on the Illinois submission for its
portion of the St. Louis area in a
separate action.
DATES: This direct final rule will be
effective April 25, 2016, without further
SUMMARY:
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations
notice, unless EPA receives adverse
comment by March 28, 2016. 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–2015–0438, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The 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. The 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.
Publicly available docket materials
are available either electronically at
www.regulations.gov or 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:
Lachala Kemp, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7214 or by email at
kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Table of Contents
I. What is the background for this action?
1 As Missouri noted in its SIP revision, other
required elements of Marginal nonattainment area
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II. What is EPA’s analysis of the State’s
submission?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
Ground-level ozone is a gas that is
formed by the reaction of volatile
organic compounds (VOCs) and oxides
of nitrogen (NOX) in the atmosphere in
the presence of sunlight. These
precursor emissions are emitted by
many types of pollution sources,
including power plants and industrial
emissions sources, on-road and off-road
motor vehicles and engines, and smaller
sources, collectively referred to as area
sources.
On March 12, 2008, EPA promulgated
a revised NAAQS for ozone based on 8hour average concentrations. The level
of the 2008 8-Hour ozone NAAQS
(hereafter the 2008 O3 NAAQS) was
revised from 0.08 parts per million
(ppm) to 0.075 ppm (73 FR 16436). EPA
finalized designations for the 2008 O3
NAAQS on May 21, 2012 (77 FR 30088).
At the time of designations, the bi-state
Missouri area was classified as Marginal
nonattainment for the 2008 O3 NAAQS.
Based on the nonattainment
designations, Missouri was required to
submit a SIP revision to EPA addressing
certain CAA requirements.
CAA sections 172(c)(3) and 182(a)(1)
require states to develop and submit as
a SIP revision a comprehensive,
accurate, current emissions inventory
(EI) for all areas designated as
nonattainment for the O3 NAAQS. 42
U.S.C. 7502(c) and 7511a(a). An EI is an
estimation of actual emissions of air
pollutants in an area that provides data
for a variety of air quality planning tasks
including establishing baseline emission
levels, calculating Federally required
emission reduction targets, emission
inputs into air quality simulation
models, and tracking emissions over
time. The total EI of VOC and NOX for
a given area are summarized from the
estimates developed for five general
categories of emissions sources: Point,
area, on-road mobile, non-road mobile,
and biogenic. EPA’s final 2008 ozone
standard SIP requirements rule
suggested that states use 2011 as a base
year to address the EI requirements (80
FR 12264, March 6, 2015).
II. What is EPA’s analysis of the State’s
submission?
The primary CAA requirements are
found in sections 110(l), and 182(a).
CAA section 110(l) requires that a SIP
revision submitted to EPA be adopted
plans in CAA Section 182(a) have already been
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after reasonable notice and public
hearing. Section 110(l) also requires that
EPA not approve a SIP if the revision
would interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the CAA.
CAA section 182(a) requires states with
areas designated nonattainment for the
ozone NAAQS to submit a SIP revision
that contains a comprehensive, accurate,
current inventory of actual emissions
from all sources.
On September 9, 2014, the State of
Missouri submitted a SIP revision
containing the base year emissions
inventory and emissions statement
requirements related to the 2008 8-hour
ozone NAAQS for the Missouri portion
of the St. Louis area.1
A. Base Year Emissions Inventory
Missouri selected 2011 as its base year
inventory, as suggested by EPA in its
final SIP requirements Rule which is the
year corresponding with the first
triennial inventory required under 40
CFR part 51, subpart A. This base year
is one of the three years of ambient air
quality data used to designate the area
nonattainment. Missouri’s emissions
inventory for its portion of the St. Louis
area provides 2011 actual emissions of
the pollutants that contribute to ozone
formation for the nonattainment area:
VOCs, NOX, and Carbon Monoxide
(CO). A detailed discussion of the
inventory is located in appendix A to
Missouri’s submission which is
provided in the docket for this action.
The tables below provide a summary of
the emissions inventory for the Missouri
portion of the St. Louis nonattainment
area.
Table 1 displays the 2011
anthropogenic emissions inventory
summary for the Missouri portion of the
2008 St. Louis ozone nonattainment
area in tons per ozone season day. The
anthropogenic source categories include
point, area, onroad mobile, and nonroad
sources. Table 2 displays the 2011
emissions inventory summary for the
biogenic and wildfire (event) source
categories in the Missouri portion of the
2008 St. Louis ozone nonattainment
area in tons per ozone season day. Event
emissions include wild fire emissions,
prescribed burning and agricultural
burning; however, when annual
emissions from these three event source
categories are temporally allocated to
ozone season day emissions, only wild
fire emissions are projected to occur
during the high ozone season.
addressed in state regulations or in prior SIP
actions.
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TABLE 1—2011 ANTHROPOGENIC EMISSIONS INVENTORY SUMMARY FOR THE MISSOURI PORTION OF THE NONATTAINMENT
AREA
[Tons/ozone season day]
VOC
CO
County name
Source category
NOX
Franklin County ...............................................
Jefferson County .............................................
St. Charles County ..........................................
St. Louis County .............................................
St. Louis City ...................................................
Point Sources .................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
2.52
1.63
3.34
3.5
3.59
27.75
16.66
25.04
16.74
4.49
7.55
7.23
2.82
17.68
7.36
Totals * .....................................................
.........................................................................
14.58
90.69
42.65
Franklin County ...............................................
Jefferson County .............................................
St. Charles County ..........................................
St. Louis County .............................................
St. Louis City ...................................................
Area Sources .................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
3.36
7.48
11.21
38.68
12.04
0.49
0.62
0.68
2.65
1.16
3.03
8.14
1.35
4.72
1.76
Totals * .....................................................
.........................................................................
72.77
5.6
19.01
Franklin County ...............................................
Jefferson County .............................................
St. Charles County ..........................................
St. Louis County .............................................
St. Louis City ...................................................
Onroad Mobile Sources .................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
2.40
4.24
6.73
20.17
4.46
7.83
12.45
21.04
66.34
16.55
21.18
34.91
56.63
176.34
42.14
Totals * .....................................................
.........................................................................
38.00
124.20
331.20
Franklin County ...............................................
Jefferson County .............................................
St. Charles County ..........................................
St. Louis County .............................................
St. Louis City ...................................................
Nonroad Sources ...........................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
3.31
3.12
6.23
22.99
3.38
5.72
3.33
8.34
23.85
6.31
18.55
28.68
62.81
315.24
48.14
Totals * .....................................................
.........................................................................
39.03
47.55
473.42
Grand Total * ....................................
.........................................................................
164.38
268.04
866.28
Note: Figures may not total exactly due to rounding.
TABLE 2—2011 WILDFIRE AND BIOGENIC EMISSIONS INVENTORY SUMMARY FOR THE MISSOURI PORTION OF THE
NONATTAINMENT AREAS
[Tons/ozone season day]
County name
Source category
VOC
NOX
CO
Franklin County ...............................................
Jefferson County .............................................
St. Charles County ..........................................
St. Louis County .............................................
St. Louis City ...................................................
Wild Fires (Event) ..........................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
0.09
0.07
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.40
0.28
0.01
0.01
0.00
Totals * .....................................................
.........................................................................
0.16
0.01
0.69
Franklin County ...............................................
Jefferson County .............................................
St. Charles County ..........................................
St. Louis County .............................................
St. Louis City ...................................................
Biogenic Sources ...........................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
126.84
104.17
65.94
60.84
10.93
1.09
0.51
1.05
0.68
0.13
11.58
9.29
7.09
5.55
1.03
Totals * .....................................................
.........................................................................
368.71
3.47
34.55
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* Note: Figures may not total exactly due to rounding.
Missouri’s inventory contains point
sources, nonpoint, onroad mobile, and
nonroad sources. The state developed
the point source emissions inventory
using actual emissions directly reported
by electric generating unit (EGU) and
non EGU sources in the area. Point
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sources are large, stationary, identifiable
sources of emissions that release
pollutants into the atmosphere. The
point source emissions inventory for
Missouri’s portion of the St. Louis area
was developed using facility-specific
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emissions data, and is included in the
docket for this action.
Nonpoint sources are small emission
stationary sources which due to their
large number, collectively have
significant emissions. Emissions from
these sources were estimated by
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multiplying an emission factor by some
known indicator of collective activity
for each source category at the county
level. Non-road mobile sources include
vehicles, engines, and equipment used
for construction, agriculture, recreation,
and other purposes that do not use
roadways. Missouri calculated
emissions for its nonroad mobile
sources using EPA’s NONROAD2008a
model. NONROAD2008a estimates fuel
consumption and emissions for all
nonroad mobile source categories except
for aircraft, commercial marine vessels,
and railroad locomotives. Onroad
mobile sources include vehicles used on
roads for transportation of passengers or
freight. Missouri developed its
inventory using the EPA’s highway
mobile source emissions model MOVES
2010a.
Biogenic emissions sources are
emissions that come from natural
sources. The biogenic source emissions
were extracted from the EPA’s 2011
National Emissions Inventory (NEI) for
the counties located in the
nonattainment area. A detailed account
of biogenic source emissions by county
can be found in appendix A of the
state’s submission.
For the reasons discussed above, EPA
has determined that Missouri’s
emissions inventory is complete,
accurate, and comprehensive and meets
the requirements under CAA section
182(a)(1) and the SIP Requirements Rule
for the 2008 ozone NAAQs.
B. Emissions Statement
Pursuant to section 182(a)(3)(B), states
with Marginal ozone nonattainment
areas must require annual emission
statements from owners or operators of
each NOX and VOC stationary source
within the nonattainment area. Missouri
regulation 10 CSR 10–6.110 Reporting
Emission Data, Emission Fees, and
Process Information requires permitted
sources to file an annual report on air
pollutant emissions to include emission
data, process information, and annual
emissions fees. The full emissions
report identifying actual NOX and VOC
emissions is due April 1 after each
reporting year. However, if the full
emissions report is filed electronically
via Missouri’s Emissions Inventory
System (MoEIS), this due date is
extended to May 1. EPA has reviewed
the regulation and determined that it
meets the requirements of section
182(a)(3)(B) of the CAA, and in addition
EPA has approved this regulation into
the SIP.
III. Final Action
EPA is approving the SIP revision
submitted by Missouri on September 9,
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2014, addressing the base year
emissions inventory and emissions
statement requirements for their portion
of the St. Louis area. EPA has concluded
that the state’s submission meets the
requirements of sections 110 and 182 of
the CAA. We are publishing this direct
final 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 the 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 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.
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 Clean Air Act. 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
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9349
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).
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 April 25, 2016. 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).)
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Dated: February 17, 2016.
Mark Hague,
Regional Administrator, Region 7.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
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
2. In § 52.1320, the table in paragraph
(e) is amended by adding entry (69) at
the end of the table to read as follows:
■
§ 52.1320
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of Plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic area or
nonattainment area
*
*
*
(69) Marginal Plan for the Mis- Statewide ...............................
souri Portion of the St.
Louis Ozone Nonattainment
Area for the 2008 NAAQS.
BILLING CODE 6560–50–P
40 CFR Part 63
[EPA–HQ–OAR–2014–0492; FRL–9940–76–
OAR]
RIN 2060–AR97
Clarification of Requirements for
Method 303 Certification Training
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to better define the requirements
associated with conducting Method 303
training courses. Method 303 is an air
pollution test method used to determine
the presence of visible emissions (VE)
from coke ovens. This action adds
language that further clarifies the
criteria used by the EPA to determine
the competency of Method 303 training
providers, but does not change the
requirements for conducting the test
method. These changes will help
entities interested in conducting the
required training courses by clearly
defining the requirements necessary to
do so.
DATES: This rule is effective on April 25,
2016 without further notice, unless the
EPA receives adverse comment by
March 28, 2016. If the EPA receives
adverse comment, we will publish a
rmajette on DSK2TPTVN1PROD with RULES
13:23 Feb 24, 2016
Jkt 238001
9/9/14
*
2/25/16 [Insert Federal Register citation].
Explanation
*
*
EPA–R07–OAR–2015–0438;
9942–76–Region 7.
541–1158; fax number: (919) 541–0516;
email address: garnett.kim@epa.gov.
SUPPLEMENTARY INFORMATION:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2014–0492, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The 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. The 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.
Table of Contents
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
*
EPA approval date
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
[FR Doc. 2016–03901 Filed 2–24–16; 8:45 am]
SUMMARY:
State submittal
date
Ms.
Kim Garnett, U.S. EPA, Office of Air
Quality Planning and Standards, Air
Quality Assessment Division,
Measurement Technology Group (Mail
Code: E143–02), Research Triangle Park,
NC 27711; telephone number: (919)
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
I. General Information
A. Why is the EPA using a direct final rule?
B. Does this action apply to me?
C. What should I consider as I prepare my
comments for the EPA?
D. Where can I obtain a copy of this action?
E. Judicial Review
II. This Action
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Why is the EPA using a direct final
rule?
The EPA is publishing this rule
without a prior proposed rule because
E:\FR\FM\25FER1.SGM
25FER1
]]>Agencies
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9346-9350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03901]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0438; FRL-9942-76-Region 7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Missouri; Emissions Inventory and Emissions Statement for the
Missouri Portion of the St. Louis MO-IL Ozone Nonattainment Area
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) for the state of Missouri. The revisions address base year
Emissions Inventory (EI) and emissions statement requirements of the
Clean Air Act (CAA) for the Missouri portion of the St. Louis marginal
ozone nonattainment area (``St. Louis area''). The Missouri counties
comprising the St. Louis area are Franklin, Jefferson, St. Charles, and
St. Louis along with the City of St. Louis. EPA is taking final action
to approve the SIP revisions because they satisfy the CAA section 182
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS). EPA is approving the revisions pursuant to section
110 and part D of the CAA and EPA's regulations. EPA will consider and
take action on the Illinois submission for its portion of the St. Louis
area in a separate action.
DATES: This direct final rule will be effective April 25, 2016, without
further
[[Page 9347]]
notice, unless EPA receives adverse comment by March 28, 2016. 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-2015-0438, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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.
Publicly available docket materials are available either
electronically at www.regulations.gov or 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: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551-7214 or by email at
kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. What is the background for this action?
II. What is EPA's analysis of the State's submission?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
Ground-level ozone is a gas that is formed by the reaction of
volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) in the atmosphere in the presence of sunlight. These
precursor emissions are emitted by many types of pollution sources,
including power plants and industrial emissions sources, on-road and
off-road motor vehicles and engines, and smaller sources, collectively
referred to as area sources.
On March 12, 2008, EPA promulgated a revised NAAQS for ozone based
on 8-hour average concentrations. The level of the 2008 8-Hour ozone
NAAQS (hereafter the 2008 O3 NAAQS) was revised from 0.08
parts per million (ppm) to 0.075 ppm (73 FR 16436). EPA finalized
designations for the 2008 O3 NAAQS on May 21, 2012 (77 FR
30088). At the time of designations, the bi-state Missouri area was
classified as Marginal nonattainment for the 2008 O3 NAAQS.
Based on the nonattainment designations, Missouri was required to
submit a SIP revision to EPA addressing certain CAA requirements.
CAA sections 172(c)(3) and 182(a)(1) require states to develop and
submit as a SIP revision a comprehensive, accurate, current emissions
inventory (EI) for all areas designated as nonattainment for the
O3 NAAQS. 42 U.S.C. 7502(c) and 7511a(a). An EI is an
estimation of actual emissions of air pollutants in an area that
provides data for a variety of air quality planning tasks including
establishing baseline emission levels, calculating Federally required
emission reduction targets, emission inputs into air quality simulation
models, and tracking emissions over time. The total EI of VOC and
NOX for a given area are summarized from the estimates
developed for five general categories of emissions sources: Point,
area, on-road mobile, non-road mobile, and biogenic. EPA's final 2008
ozone standard SIP requirements rule suggested that states use 2011 as
a base year to address the EI requirements (80 FR 12264, March 6,
2015).
II. What is EPA's analysis of the State's submission?
The primary CAA requirements are found in sections 110(l), and
182(a). CAA section 110(l) requires that a SIP revision submitted to
EPA be adopted after reasonable notice and public hearing. Section
110(l) also requires that EPA not approve a SIP if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA. CAA section 182(a) requires states with areas designated
nonattainment for the ozone NAAQS to submit a SIP revision that
contains a comprehensive, accurate, current inventory of actual
emissions from all sources.
On September 9, 2014, the State of Missouri submitted a SIP
revision containing the base year emissions inventory and emissions
statement requirements related to the 2008 8-hour ozone NAAQS for the
Missouri portion of the St. Louis area.\1\
---------------------------------------------------------------------------
\1\ As Missouri noted in its SIP revision, other required
elements of Marginal nonattainment area plans in CAA Section 182(a)
have already been addressed in state regulations or in prior SIP
actions.
---------------------------------------------------------------------------
A. Base Year Emissions Inventory
Missouri selected 2011 as its base year inventory, as suggested by
EPA in its final SIP requirements Rule which is the year corresponding
with the first triennial inventory required under 40 CFR part 51,
subpart A. This base year is one of the three years of ambient air
quality data used to designate the area nonattainment. Missouri's
emissions inventory for its portion of the St. Louis area provides 2011
actual emissions of the pollutants that contribute to ozone formation
for the nonattainment area: VOCs, NOX, and Carbon Monoxide
(CO). A detailed discussion of the inventory is located in appendix A
to Missouri's submission which is provided in the docket for this
action. The tables below provide a summary of the emissions inventory
for the Missouri portion of the St. Louis nonattainment area.
Table 1 displays the 2011 anthropogenic emissions inventory summary
for the Missouri portion of the 2008 St. Louis ozone nonattainment area
in tons per ozone season day. The anthropogenic source categories
include point, area, onroad mobile, and nonroad sources. Table 2
displays the 2011 emissions inventory summary for the biogenic and
wildfire (event) source categories in the Missouri portion of the 2008
St. Louis ozone nonattainment area in tons per ozone season day. Event
emissions include wild fire emissions, prescribed burning and
agricultural burning; however, when annual emissions from these three
event source categories are temporally allocated to ozone season day
emissions, only wild fire emissions are projected to occur during the
high ozone season.
[[Page 9348]]
Table 1--2011 Anthropogenic Emissions Inventory Summary for the Missouri Portion of the Nonattainment Area
[Tons/ozone season day]
----------------------------------------------------------------------------------------------------------------
County name Source category VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Franklin County....................... Point Sources........... 2.52 27.75 7.55
Jefferson County...................... ........................ 1.63 16.66 7.23
St. Charles County.................... ........................ 3.34 25.04 2.82
St. Louis County...................... ........................ 3.5 16.74 17.68
St. Louis City........................ ........................ 3.59 4.49 7.36
-----------------------------------------------
Totals *.......................... ........................ 14.58 90.69 42.65
===============================================
Franklin County....................... Area Sources............ 3.36 0.49 3.03
Jefferson County...................... ........................ 7.48 0.62 8.14
St. Charles County.................... ........................ 11.21 0.68 1.35
St. Louis County...................... ........................ 38.68 2.65 4.72
St. Louis City........................ ........................ 12.04 1.16 1.76
-----------------------------------------------
Totals *.......................... ........................ 72.77 5.6 19.01
===============================================
Franklin County....................... Onroad Mobile Sources... 2.40 7.83 21.18
Jefferson County...................... ........................ 4.24 12.45 34.91
St. Charles County.................... ........................ 6.73 21.04 56.63
St. Louis County...................... ........................ 20.17 66.34 176.34
St. Louis City........................ ........................ 4.46 16.55 42.14
-----------------------------------------------
Totals *.......................... ........................ 38.00 124.20 331.20
===============================================
Franklin County....................... Nonroad Sources......... 3.31 5.72 18.55
Jefferson County...................... ........................ 3.12 3.33 28.68
St. Charles County.................... ........................ 6.23 8.34 62.81
St. Louis County...................... ........................ 22.99 23.85 315.24
St. Louis City........................ ........................ 3.38 6.31 48.14
-----------------------------------------------
Totals *.......................... ........................ 39.03 47.55 473.42
===============================================
Grand Total *................. ........................ 164.38 268.04 866.28
----------------------------------------------------------------------------------------------------------------
Note: Figures may not total exactly due to rounding.
Table 2--2011 Wildfire and Biogenic Emissions Inventory Summary for the Missouri Portion of the Nonattainment
Areas
[Tons/ozone season day]
----------------------------------------------------------------------------------------------------------------
County name Source category VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Franklin County....................... Wild Fires (Event)...... 0.09 0.00 0.40
Jefferson County...................... ........................ 0.07 0.00 0.28
St. Charles County.................... ........................ 0.00 0.00 0.01
St. Louis County...................... ........................ 0.00 0.00 0.01
St. Louis City........................ ........................ 0.00 0.00 0.00
-----------------------------------------------
Totals *.......................... ........................ 0.16 0.01 0.69
===============================================
Franklin County....................... Biogenic Sources........ 126.84 1.09 11.58
Jefferson County...................... ........................ 104.17 0.51 9.29
St. Charles County.................... ........................ 65.94 1.05 7.09
St. Louis County...................... ........................ 60.84 0.68 5.55
St. Louis City........................ ........................ 10.93 0.13 1.03
-----------------------------------------------
Totals *.......................... ........................ 368.71 3.47 34.55
----------------------------------------------------------------------------------------------------------------
* Note: Figures may not total exactly due to rounding.
Missouri's inventory contains point sources, nonpoint, onroad
mobile, and nonroad sources. The state developed the point source
emissions inventory using actual emissions directly reported by
electric generating unit (EGU) and non EGU sources in the area. Point
sources are large, stationary, identifiable sources of emissions that
release pollutants into the atmosphere. The point source emissions
inventory for Missouri's portion of the St. Louis area was developed
using facility-specific emissions data, and is included in the docket
for this action.
Nonpoint sources are small emission stationary sources which due to
their large number, collectively have significant emissions. Emissions
from these sources were estimated by
[[Page 9349]]
multiplying an emission factor by some known indicator of collective
activity for each source category at the county level. Non-road mobile
sources include vehicles, engines, and equipment used for construction,
agriculture, recreation, and other purposes that do not use roadways.
Missouri calculated emissions for its nonroad mobile sources using
EPA's NONROAD2008a model. NONROAD2008a estimates fuel consumption and
emissions for all nonroad mobile source categories except for aircraft,
commercial marine vessels, and railroad locomotives. Onroad mobile
sources include vehicles used on roads for transportation of passengers
or freight. Missouri developed its inventory using the EPA's highway
mobile source emissions model MOVES 2010a.
Biogenic emissions sources are emissions that come from natural
sources. The biogenic source emissions were extracted from the EPA's
2011 National Emissions Inventory (NEI) for the counties located in the
nonattainment area. A detailed account of biogenic source emissions by
county can be found in appendix A of the state's submission.
For the reasons discussed above, EPA has determined that Missouri's
emissions inventory is complete, accurate, and comprehensive and meets
the requirements under CAA section 182(a)(1) and the SIP Requirements
Rule for the 2008 ozone NAAQs.
B. Emissions Statement
Pursuant to section 182(a)(3)(B), states with Marginal ozone
nonattainment areas must require annual emission statements from owners
or operators of each NOX and VOC stationary source within
the nonattainment area. Missouri regulation 10 CSR 10-6.110 Reporting
Emission Data, Emission Fees, and Process Information requires
permitted sources to file an annual report on air pollutant emissions
to include emission data, process information, and annual emissions
fees. The full emissions report identifying actual NOX and
VOC emissions is due April 1 after each reporting year. However, if the
full emissions report is filed electronically via Missouri's Emissions
Inventory System (MoEIS), this due date is extended to May 1. EPA has
reviewed the regulation and determined that it meets the requirements
of section 182(a)(3)(B) of the CAA, and in addition EPA has approved
this regulation into the SIP.
III. Final Action
EPA is approving the SIP revision submitted by Missouri on
September 9, 2014, addressing the base year emissions inventory and
emissions statement requirements for their portion of the St. Louis
area. EPA has concluded that the state's submission meets the
requirements of sections 110 and 182 of the CAA. We are publishing this
direct final 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 the 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 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.
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 Clean Air Act. 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).
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 April 25, 2016. 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).)
[[Page 9350]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 17, 2016.
Mark Hague,
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. In Sec. 52.1320, the table in paragraph (e) is amended by adding
entry (69) at the end of the table to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic area or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(69) Marginal Plan for the Statewide.......... 9/9/14 2/25/16 [Insert EPA-R07-OAR-2015-04
Missouri Portion of the St. Federal Register 38; 9942-76-Region
Louis Ozone Nonattainment Area citation]. 7.
for the 2008 NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-03901 Filed 2-24-16; 8:45 am]
BILLING CODE 6560-50-P
