Approval of Implementation Plans; State of Missouri; Elements of the Infrastructure State Implementation Plan Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter National Ambient Air Quality Standards (NAAQS), 12496-12501 [2018-05630]
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[FR Doc. 2018–05765 Filed 3–21–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0356; EPA–R07–
OAR–2017–0268; EPA–R07–OAR–2017–
0515; EPA–R07–OAR–2017–0513; FRL–
9975–71–Region 7]
Approval of Implementation Plans;
State of Missouri; Elements of the
Infrastructure State Implementation
Plan Requirements for the 2008 Ozone,
2010 Nitrogen Dioxide, 2010 Sulfur
Dioxide, and 2012 Fine Particulate
Matter National Ambient Air Quality
Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve elements of a State
Implementation Plan (SIP) submission
from the State of Missouri for the 2008
Ozone, 2010 Nitrogen Dioxide (NO2),
2010 Sulfur Dioxide (SO2), and 2012
Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). States are required to have a
SIP that provides for the
implementation, maintenance, and
enforcement of the NAAQS. Whenever
EPA promulgates a new or revised
NAAQS, states are required to make a
SIP submission to establish that they
have, or to add, the provisions necessary
to address various requirements to
address the new or revised NAAQS.
These SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This final rule is effective on
April 23, 2018.
ADDRESSES: EPA has established dockets
for this action under Docket ID Nos.
EPA–R07–OAR–2015–0356; EPA–R07–
OAR–2017–0268; EPA–R07–OAR–
2017–0515; EPA–R07–OAR–2017–0513.
All documents in the dockets are listed
on the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
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SUMMARY:
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Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Tracey Casburn, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7016, or by email at
casburn.tracey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. Background
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
II. What is being addressed in this document?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
e. Section 110(a)(2)(E)(ii)/section 128
III. Have the requirements for approval of a
SIP submission been met?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS and Section
110(a)(2)(E)(ii)/section 128
IV. EPA’s Response to Comments
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS and Section
110(a)(2)(E)(ii)/section 128
V. What action is EPA taking?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
e. Section 110(a)(2)(E)(ii)/section 128
VI. Statutory and Executive Order Reviews
I. Background
a. 2008 Ozone NAAQS
On October 6, 2017, EPA proposed to
approve certain elements of the 2008
Ozone NAAQS infrastructure SIP
submission from the State of Missouri.
See 82 FR 46741. In conjunction with
the October 6, 2017, notice of proposed
rulemaking (NPR), EPA issued a direct
final rule (DFR) approving elements of
the 2008 Ozone NAAQS infrastructure
SIP. See 82 FR 46679. In the DFR, EPA
stated that if adverse comments were
submitted to EPA by November 6, 2017,
the action would be withdrawn and not
take effect. EPA received two sets of
comments prior to the close of the
comment period; one set of comments
was adverse, and one was not directly
related to the action being taken by EPA.
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EPA withdrew the DFR on November
28,2017. See 82 FR 56172.
b. 2010 NO2 NAAQS
On October 11, 2017, EPA proposed
to approve certain elements of the 2010
NO2 NAAQS infrastructure SIP
submission from the State of Missouri.
See 82 FR 47170. In conjunction with
the October 11, 2017 NPR, EPA issued
a DFR approving elements of the 2010
NO2 NAAQS infrastructure SIP. See 82
FR 47154. In the DFR, EPA stated that
if adverse comments were submitted to
EPA by November 13, 2017, the action
would be withdrawn and not take effect.
EPA received five sets of comments
prior to the close of the comment
period; one set of comments was
adverse, and four sets of comments were
not related to the action being taken by
EPA. Based on the adverse comment
received, EPA withdrew the DFR on
December 8,2017. See 82 FR 57848.
c. 2010 SO2 NAAQS
On October 6, 2017, EPA proposed to
approve certain elements of the 2010
SO2 NAAQS infrastructure SIP
submission from the State of Missouri.
See 82 FR 46742. In conjunction with
the October 6, 2017 NPR, EPA issued a
DFR approving elements of the 2010
SO2 NAAQS infrastructure SIP. See 82
FR 46672. In the DFR, EPA stated that
if adverse comments were submitted to
EPA by November 6, 2017, the action
would be withdrawn and not take effect.
EPA received three sets of comments
prior to the close of the comment
period; one set of comments was
adverse, and two sets of comments were
not directly related to the action being
taken by EPA. EPA withdrew the DFR
on November 28,2017. See 82 FR 56172.
d. 2012 PM2.5 NAAQS
On October 11, 2017, EPA proposed
to approve certain elements of the 2012
PM2.5 NAAQS infrastructure SIP
submission from the State of Missouri
and two state statutes into the Missouri
SIP. See 82 FR 47169. In conjunction
with the October 11, 2017 NPR, EPA
issued a DFR approving elements of the
2012 PM2.5 NAAQS infrastructure SIP
and the two state statutes into the SIP.
See 82 FR 47147. In the DFR, EPA stated
that if adverse comments were
submitted to EPA by November 13,
2017, the action would be withdrawn
and not take effect. EPA received six
sets of comments prior to the close of
the comment period; three sets of
comments were adverse, and three sets
of comments were not directly related to
the action. EPA withdrew the DFR on
December 8, 2017. See 82 FR 57848.
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This action is a final rule based on the
NPRs previously discussed. Detailed
discussion of Missouri’s 2008 Ozone,
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS infrastructure SIP submissions,
and EPA’s rationale for approving those
SIP submissions, was provided in the
DFRs and will not be restated here,
except to the extent relevant to our
response to the public comments we
received.
II. What is being addressed in this
document?
EPA is only acting on the specific
elements of the respective infrastructure
SIP submissions for the 2008 Ozone
NAAQS, 2010 NO2 NAAQS, 2010 SO2
NAAQS, and 2012 PM2.5 NAAQS,
identified in this action.
EPA will act on CAA section
110(a)(2)(D)(i)(II)—protection of
visibility (prong 4) for each of the
infrastructure SIP submission in a
separate action or actions, therefore that
element is not addressed in this action.
Technical Support Documents (TSD)
are included as part of each of the
dockets, noted above, and discuss the
details of the actions being taken,
including analysis of how the SIP
submissions for each NAAQS meet the
applicable CAA section 110
requirements for infrastructure SIPs.
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a. 2008 Ozone NAAQS
EPA is approving the infrastructure
SIP submission from the State of
Missouri received on July 8, 2013, as
meeting the submission requirements of
110(a)(1). EPA is approving the
following elements of section 110(a)(2):
(A), (B), (C), (D)(i)(II)—prevent
significant deterioration of air quality
(prong 3), (D)(ii), (E) through (H), and (J)
through (M). EPA is not acting on the
elements of section 110(a)(2)(D)(i)(I)—
significant contribution to
nonattainment (prong 1), interfering
with maintenance of the NAAQs (prong
2) because the state did not address
those elements addressed in the
infrastructure SIP submission at issue in
this rulemaking action.
b. 2010 NO2 NAAQS
EPA is approving the infrastructure
SIP submission from the State of
Missouri received on April 30, 2013, as
meeting the applicable submission
requirements of 110(a)(1). EPA is
approving the following elements of
section 110(a)(2): (A) Through (H)
(except (D)(i)(II)—protection of visibility
(prong 4)), and (J) through (M).
c. 2010 SO2 NAAQS
EPA is approving elements of the
infrastructure SIP submission from the
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State of Missouri received on July 8,
2013, as meeting the submittal
requirement of section 110(a)(1). EPA is
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)
—prong 3, (D)(ii), (E) through (H), and
(J) through (M). EPA is not acting on the
elements of section 110(a)(2)(D)(i)(I)
—prong 1 or prong 2 as those elements
were not part of the state SIP submittal.
d. 2012 PM2.5 NAAQS
EPA is approving elements of the
infrastructure SIP submission from the
State of Missouri received on October
14, 2015, as meeting the submittal
requirement of section 110(a0(1). EPA is
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)—
prong 3, (D)(ii), (E) through (H), and (J)
through (M). EPA intends to act on
section 110(a)(2)(D)(i)(I) —prong 1 and
prong 2 in a subsequent rulemaking
action.
e. Section 110(a)(2)(E)(ii)/section 128
EPA is also approving the state’s
request to include Missouri State Statute
section 105.483(5) RSMo 2014, and
Missouri State Statute section 105.485
RSMo 2014 into the Missouri SIP. These
two statutes address aspects of the
infrastructure requirements relating to
state boards or bodies, or agency heads,
involved with permitting or
enforcement decisions found in section
128 of the CAA. The state included this
SIP submittal in the infrastructure SIP
submission for the 2012 PM2.5 NAAQS,
but EPA notes that this infrastructure
SIP requirement is not NAAQS-specific.
III. Have the requirements for approval
of the SIP submission been met?
a. 2008 Ozone NAAQS
The state’s submission has met the
public notice requirements for the
Ozone infrastructure SIP submission in
accordance with 40 CFR 51.102. The
state held a public comment period
from The Missouri Department of
Natural Resources held a public hearing
and comment period from April 30,
2013 to June 6, 2013. EPA provided
comments on May 23, 2013 and were
the only commenters. A public hearing
was held on May 30, 2013. The
submission satisfied the completeness
criteria of 40 CFR part 51, appendix V
for all elements except
110(a)(2)(D)(i)(I)—prongs 1 and 2. EPA
published a notice in the Federal
Register, ‘‘Findings of Failure to Submit
a Section 110 State Implementation
Plan for Interstate Transport for the
2008 National Ambient Air Quality
Standards for Ozone’’.1 Missouri was
1 See
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included in this finding because it had
not made a complete ‘‘good neighbor’’
SIP submittal to meet the section
110(a)(2)(D)(i)(I)—prongs 1 and 2
elements.
b. 2010 NO2 NAAQS
The state’s submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state held a public hearing
on March 28, 2013, and a public
comment period from February 25,
2013, to April 4, 2013. EPA provided
comments to the state on April 3, 2013,
and was the only commenter. The state
revised its proposed SIP in response to
EPA’s comments and the revisions were
contained in the SIP submitted to EPA
on April 30, 2013. The submission
satisfied the completeness criteria of 40
CFR part 51, appendix V.
c. 2010 SO2 NAAQS
The state’s submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state held a public comment
period from April 30, 2013, to June 6,
2013. EPA provided comments on May
23, 2013, and were the only
commenters. A public hearing was held
on May 30, 2013. The submission
satisfied the completeness criteria of 40
CFR part 51, appendix V for all
elements except 110(a)(2)(D)(i)(I)—
prongs 1 and 2.
d. 2012 PM2.5 NAAQS and Section
110(a)(2)(E)(ii)/section 128
The state’s submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state held a public comment
period from July 27, 2015, to September
3, 2015. The state received no comments
during the public comment period. A
public hearing was held on August 27,
2015. The submission satisfied the
completeness criteria of 40 CFR part 51,
appendix V.
IV. EPA’s Response to Comments
All comments on the proposed
actions are available in the dockets
noted in this action. We only respond to
adverse comments in this action. No
changes were made to the proposals in
this final action after consideration of
the adverse comments received.
a. 2008 Ozone NAAQS
The public comment period on EPA’s
proposed rule opened October 6, 2017,
the date of its publication in the Federal
Register, and closed on November 6,
2017. During this period, EPA received
two sets of comments: One in support
of the rule and one which was adverse.
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The adverse comment is addressed
below.
Comment: The commenter stated that
EPA must take action on Missouri’s
submission regarding interstate
transport. The commenter asserted that
the Cross State Air Pollution Rule
(CSAPR) update does not cover all
sources of interstate transport and that
in EPA’s own words is only a ‘‘partial
remedy’’ for transport related to the
ozone NAAQS. The commenter thus
argued that EPA must address the
remainder of Missouri’s contribution to
ambient ozone levels in neighboring
states in this rulemaking and that EPA
has a nondiscretionary duty to issue a
Federal Implementation Plan (FIP)
when a state fails to submit an
approvable state SIP submission.
EPA’s response: In EPA’s rulemaking
proposing to approve Missouri’s
infrastructure SIP for the 2008 ozone
NAAQS, the Agency stated that it was
not taking any action in this rulemaking
with respect to the good neighbor
provisions in section 110(a)(2)(D)(i)(I).
Missouri did not address the
requirements of section 110(a)(2)(D)(i)(I)
in the infrastructure SIP submission for
the 2008 Ozone NAAQS, and thus there
is no such submission upon which EPA
either proposed to take action or could
take action on under section 110(k) of
the CAA in this rulemaking.
EPA acknowledges the commenter’s
concerns about interstate transport of air
pollutants and agrees in general with
the commenter that sections 110(a)(1)
and (a)(2) of the CAA require states to
submit, within three years of
promulgation of a new or revised
NAAQS, a SIP submission which
adequately addresses cross-state air
pollution under section
110(a)(2)(D)(i)(I). As noted above in
section III. a. of this document, EPA has
already issued a ‘‘Findings of Failure to
Submit a Section 110 State
Implementation Plan for Interstate
Transport for the 2008 National
Ambient Air Quality Standards for
Ozone’’, in August 2015, which
triggered EPA’s obligation under section
110(c) to promulgate a Federal
Implementation Plan addressing the
requirements of section
110(a)(2)(D)(i)(I).2 As the commenter
notes, EPA has already taken steps to
address this obligation when it
promulgated the CSAPR update in June
2016.3 EPA will take any further steps
that may be necessary to address its
obligation under sections
110(a)(2)(D)(i)(I) and 110(c) with respect
2 See
3 See
80 FR 39961 (August 12, 2015).
81 FR 41838 (August 12, 2016).
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to the 2008 Ozone NAAQS in a separate
action.
b. 2010 NO2 NAAQS
The public comment period on EPA’s
proposed rule opened October 11, 2017,
the date of its publication in the Federal
Register, and closed on November 13,
2017. During this period, EPA received
five sets of comments: One set of
comments was adverse, and four sets of
comments were not directly related to
the action being taken by EPA in this
rulemaking. The adverse comment is
addressed below.
Comment: The commenter stated that
EPA failed to review this rule against
the president’s March 28, 2017
executive order regarding economic
growth and energy independence.
EPA’s response: Section
110(k)requires EPA to take action on a
state’s SIP submission, and section
110(k)(3) provides that EPA ‘‘shall’’
approve a state’s SIP submission if it
meets the applicable statutory
requirements. In this case, EPA has
determined that Missouri’s
infrastructure SIP submission for this
NAAQS met the applicable
requirements contained in section
110(a)(2), as explained in this
document. Therefore, EPA lacks
discretion to decline to take action on,
or to disapprove, the SIP submission or
to require changes based on
consideration of the Executive Order.
c. 2010 SO2 NAAQS
The public comment period on EPA’s
proposed rule opened October 6, 2017,
the date of its publication in the Federal
Register, and closed on November 6,
2017. During this period, EPA received
three sets of comments: One set of
comments was adverse, and two sets of
comments were not directly related to
the action being taken by EPA. The
adverse comments are addressed below.
Comment 1: The commenter stated
that EPA must issue a finding of failure
to submit for the interstate transport
provisions of the infrastructure SIP
submission for the 2010 SO2 NAAQS.
EPA’s response: In EPA’s rulemaking
proposing to approve Missouri’s
infrastructure SIP for the 2010 1-hour
SO2 NAAQS, EPA stated that it was not
taking any action with respect to the
good neighbor provisions in section
110(a)(2)(D)(i)(I) for this NAAQS. EPA
understands the commenter’s concern
with respect to interstate transport. EPA
will evaluate whether it is appropriate
to make a finding of failure to submit in
a separate action.
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d. 2012 PM2.5 NAAQS and Section
110(a)(2)(E)(ii)/section 128
The public comment period on EPA’s
proposed rule opened October 11, 2017,
the date of its publication in the Federal
Register, and closed on November 13,
2017. During this period, EPA received
six sets of comments: three set of
comments were adverse, and three sets
of comments were not directly related to
the action being taken by EPA. Where
sets of comments were similar in
content, EPA grouped those comments
into a single comment and response
where appropriate. The adverse
comments are addressed below.
Comment 1: The commenter stated
that EPA does not have the discretion to
act separately on elements of an
infrastructure SIP submission,
particularly with respect to section
110(a)(2)(D)(i) (prong 1 and prong 2), in
a separate rulemaking. The commenter
also asserted that its comment letter
constituted the commenter’s ‘‘notice of
intent to sue the agency for failure to
perform its nondiscretionary duty under
110(k)(2).’’
EPA’s Response: EPA acknowledges
the commenter’s concern for the
interstate transport of air pollutants and
agrees in general with the commenter
that sections 110(a)(1) and (a)(2) of the
CAA generally require states to submit,
within three years of promulgation of a
new or revised NAAQS, a SIP
submission which adequately addresses
interstate transport of air pollution
under section 110(a)(2)(D)(i)(I).
However, EPA disagrees with the
commenter’s argument that EPA cannot
approve other elements of an
infrastructure SIP submission without
also taking action on the elements
related to interstate transport.
EPA agrees with the commenter that
it has an obligation to take action under
section 110(k) on SIP submissions.
However, EPA disagrees with the
commenter’s argument that the Agency
cannot elect to act on individual parts
or elements of a state’s infrastructure
SIP submission in separate rulemaking
actions, as it deems appropriate. Section
110(k)of the CAA authorizes EPA to
approve a SIP submission in full,
disapprove it in full, or approve it in
part and disapprove it in part, or
conditionally approve it in full or in
part, depending on the extent to which
such plan meets the requirements of the
CAA. This authority to approve state
SIP submissions in separable parts was
included in the 1990 Amendments to
the CAA to overrule a decision in the
Court of Appeals for the Ninth Circuit
holding that EPA could not approve
individual measures in a SIP
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submission without either approving or
disapproving the plan as a whole. See
S. Rep. No. 101–228, at 22, 1990
U.S.C.C.A.N. 3385, 3408 (discussing the
express overruling of Abramowitz v.
EPA, 832 F.2d 1071 (9th Cir. 1987)).
EPA interprets its authority under
section 110(k) of the CAA as affording
the Agency the discretion to approve,
disapprove, or conditionally approve,
individual elements of Missouri’s
infrastructure SIP submission for the
2012 PM2.5 NAAQS, separate and apart
from any action with respect to the
requirements of section 110(a)(2)(D)(i)(I)
of the CAA with respect to that NAAQS.
EPA views discrete infrastructure SIP
requirements, such as the requirements
of section 110(a)(2)(D)(i)(I), as severable
from other infrastructure SIP elements
and interprets section 110(k) as allowing
it to act on individual severable
elements or requirements in a SIP
submission. In short, EPA believes it has
the discretion under section 110(k) of
the CAA to act upon the various
individual elements of the State’s
infrastructure SIP submission,
separately or together, as appropriate.
EPA will address the remaining
elements of Missouri’s 2012 PM2.5
NAAQS, infrastructure SIP submission
in a separate rulemaking action or
actions.
Finally, a public comment submitted
on a proposal does not constitute notice
of intent to sue the Administrator for
failure to perform a nondiscretionary
duty. Clean Air Act section 304(b)(2)
requires 60 days’ notice of a civil action
against the Administrator for an alleged
failure to perform a non-discretionary
duty to the Administrator. EPA’s
regulations require that service of notice
to the Administrator ‘‘shall be
accomplished by certified mail
addressed to the Administrator,
Environmental Protection Agency,
Washington, DC 20460.’’ 40 CFR 54.2(a).
The commenter’s public comment
submitted via regulations.gov does not
satisfy the regulatory requirements for
notices of intent to file suit against the
Administrator for failure to perform a
non-discretionary duty.
Comment 2: Two commenters argued
that EPA should not approve the state
statutes, 105.483(5) and 105.485 RSMo
2014, into the SIP as the commenters do
not believe the statutes adequately meet
conflict of interest requirements as
required by section 110(a)(2)(E) and
CAA section 128.
EPA’s Response: EPA believes that the
commenter misunderstood the purpose
of these SIP submissions related to
section 128. EPA has already previously
approved a SIP submission from
Missouri as meeting the requirements of
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section 128. See 78 FR 37457. The
Agency’s analysis of that SIP
submission appeared in the proposal
notice for that rulemaking. See 78 FR
21281 at page 21288. In this rulemaking,
Missouri is adding additional provisions
to its SIP. The state statutes, 105.483(5)
and 105.485 RSMo 2014, approved into
the SIP by this action, are meant to
strengthen the SIP and are not the only
SIP provisions that pertain to section
128. EPA believes that the commenter
may have wrongly assumed that these
latest additions to the SIP are the only
provisions relevant to section 128 in the
Missouri SIP.
V. What action is EPA taking?
EPA is approving the specific
elements of the respective infrastructure
SIP submissions for the 2008 Ozone
NAAQS, 2010 NO2 NAAQS, 2010 SO2
NAAQS, and 2012 PM2.5 NAAQS,
identified in this action.
EPA will act on CAA section
110(a)(2)(D)(i)(II)—prong 4 for each of
the infrastructure SIP submission for
these NAAQS in a separate rulemaking
action or actions.
a. 2008 Ozone NAAQS
EPA is taking final action to approve
elements of the July 8, 2013,
infrastructure SIP submission from the
State of Missouri, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2008 Ozone
NAAQS. EPA is approving the SIP
submission as meeting the submission
requirements of section 110(a)(1) and
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)—
prong 3, (D)(ii), (E) through (H), and (J)
through (M).
b. 2010 NO2 NAAQS
EPA is taking final action to approve
elements of the April 30, 2013,
infrastructure SIP submission from the
State of Missouri, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2010 NO2
NAAQS. EPA is approving the
submission as meeting the submittal
requirement of section 110(a)(1) and
approving the following elements of
section 110(a)(2): (A) through (H)
(except (D)(i)(II)—prong 4), and (J)
through (M).
c. 2010 SO2 NAAQS
EPA is taking final action to approve
elements of the July 8, 2013,
infrastructure SIP submission from the
State of Missouri, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2010 SO2
NAAQS. EPA is approving the
submission as meeting the submittal
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Sfmt 4700
12499
requirement of section 110(a)(1) and
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)—
prong 3, (D)(ii), (E) through (H), and (J)
through (M). EPA is not acting on the
elements of section 110(a)(2)(D)(i)(I)—
prong 1 or prong 2 because those
elements were not addressed in the SIP
submittal.
d. 2012 PM2.5 NAAQS
EPA is taking final action to approve
elements of the October 14, 2015,
infrastructure SIP submission from the
State of Missouri, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2012 Annual
PM2.5 NAAQS. EPA is approving the
submission as meeting the submittal
requirement of section 110(a)(1) and
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)—
prong 3), (D)(ii), (E) through (H), and (J)
through (M). EPA intends to act on
elements of section 110(a)(2)(D)(i)(I)—
prong 1 and prong 2 in a subsequent
rulemaking.
e. Section 110(a)(2)(E)(ii)/section 128
EPA is taking final action to the state’s
request to include Missouri State Statute
section 105.483(5) RSMo 2014, and
Missouri State Statute section 105.485
RSMo 2014 into the Missouri SIP. These
two statutes address aspects of the
infrastructure requirements relating to
state boards or bodies, or agency heads,
involved with permitting or
enforcement decisions found in section
128 of the CAA. The state included this
SIP revision in the infrastructure SIP
submission for the 2012 PM2.5 NAAQS,
but EPA notes that this infrastructure
SIP requirement is not NAAQS-specific.
VI. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
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12500
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
action because SIP approvals are
exempted under Executive Order 12866.
• 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 (Public Law 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).
In addition, 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 May 21, 2018.
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)).
reference, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: March 7, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA is amending 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. In § 52.1320, the table in paragraph
(e) is amended by adding the entries
‘‘(63) Sections 110 (a)(1) and 110(a)(2)
Infrastructure Requirements for the 2008
Ozone NAAQS’’, ’’(64) Sections 110
(a)(1) and 110(a)(2) Infrastructure
Requirements for the 2010 Nitrogen
Dioxide NAAQS’’, ‘‘(65) Sections 110
(a)(1) and 110(a)(2) Infrastructure
Requirements for the 2010 Sulfur
Dioxide NAAQS’’, ‘‘(72) Sections 110
(a)(1) and 110(a)(2) Infrastructure
Requirements for the 2012 Annual Fine
Particulate Matter (PM2.5) NAAQS’’, and
‘‘(73) Missouri State Statute section
105.483(5) RSMo 2014, and Missouri
State Statute section 105.485 RSMo
2014’’ in numerical order to read as
follows:
■
§ 52.1320
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e)* * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable
geographic or
nonattainment
area
Name of nonregulatory SIP provision
*
*
State
submittal
date
EPA approval date
*
*
*
daltland on DSKBBV9HB2PROD with RULES
(63) Sections 110(a)(1) and 110(a)(2) Infrastructure Requirements for the 2008
Ozone NAAQS.
Statewide .............
7/8/13
3/22/18, [insert Federal
Register citation].
(64) Sections 110(a)(1) and 110(a)(2) Infrastructure Requirements for the 2010
Nitrogen Dioxide NAAQS.
Statewide .............
4/30/13
3/22/18, [insert Federal
Register citation].
VerDate Sep<11>2014
17:42 Mar 21, 2018
Jkt 244001
PO 00000
Frm 00028
Fmt 4700
Explanation
Sfmt 4700
*
*
This action approves the following CAA elements:
110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(II)—prong
3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
110(a)(2)(D)(i)(I)—prongs 1 and 2 are addressed by
Federal Implementation Plans. 110(a)(2)(I) is not applicable. [EPA–R07–OAR–2015–0356; FRL–9975–
71–Region 7].
This action approves the following CAA elements:
110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(I),
(D)(i)(II)—prong 3, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). 110(a)(2)(I) is not applicable. [EPA–
R07–OAR–2017–0268; FRL–9975–71–Region 7].
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
12501
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS—Continued
Applicable
geographic or
nonattainment
area
Name of nonregulatory SIP provision
(65) Sections 110(a)(1) and 110(a)(2) Infrastructure Requirements for the 2010
Sulfur Dioxide NAAQS.
*
State
submittal
date
Statewide .............
*
7/8/13
EPA approval date
3/22/18, [insert Federal
Register citation].
*
*
Statewide .............
10/14/15
3/22/18, [insert Federal
Register citation].
(73) Missouri State Statute section
105.483(5) RSMo 2014, and Missouri
State Statute section 105.485 RSMo
2014.
Statewide .............
10/14/15
3/22/18, [insert Federal
Register citation].
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0011; FRL–9975–
74–Region 9]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Pacific Coast Pipe
Lines Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 9 announces the
deletion of the surface soil portion of
the Pacific Coast Pipe Lines (PCPL)
Superfund Site (Site) located in
Fillmore, California, from the National
Priorities List (NPL). The NPL,
promulgated pursuant to Section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This partial
deletion pertains only to the surface soil
at the Site. The groundwater will remain
on the NPL and is not being considered
for deletion as part of this action. EPA
and the State of California, through the
Department of Toxic Substances
Control, have determined that all
appropriate response actions under
CERCLA, other than maintenance,
monitoring and five-year reviews, have
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:28 Mar 21, 2018
Jkt 244001
been completed. However, the deletion
of the soil portion of the Site does not
preclude future actions under
Superfund.
DATES: This action is effective March 22,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–HQ–SFUND–
1989–0011. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information and other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
Superfund Records Center, 75
Hawthorne Street, Room 3110, San
Francisco, California, Hours: 8:00
a.m.-4:00 p.m.; (415) 947–8717.
Site Repository: Fillmore Library, 502
2nd Street, Fillmore, California. Call
(805) 524–3355 for hours of operation.
FOR FURTHER INFORMATION CONTACT:
Holly Hadlock, Remedial Project
Manager, U.S. EPA, Region 9 (SFD–7–3),
75 Hawthorne Street, San Francisco, CA
94105, (415) 972–3171, email:
hadlock.holly@epa.gov.
SUPPLEMENTARY INFORMATION: The
portion of the Site to be deleted from the
NPL is the surface soils at the Pacific
Coast Pipe Lines Superfund Site,
PO 00000
Frm 00029
Fmt 4700
This action approves the following CAA elements:
110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(II)—prong
3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA
is not acting on 110(a)(2)(D)(i)(I)—prongs 1 and 2.
110(a)(2)(I) is not applicable. EPA intends to act on
110(a)(2)(D)(i)(II)—prong 4 in a separate action.
[EPA–R07–OAR–2017–0515; FRL–9975–71–Region
7].
*
(72) Sections 110(a)(1) and 110(a)(2) Infrastructure Requirements for the 2012
Annual Fine Particulate Matter (PM2.5)
NAAQS.
[FR Doc. 2018–05630 Filed 3–21–18; 8:45 am]
Explanation
Sfmt 4700
*
*
This action approves the following CAA elements:
110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(II)—prong
3, D(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
110(a)(2)(I) is not applicable. [EPA–R07–OAR–
2017–0513; FRL–9975–71–Region 7].
EPA–R07–OAR–2017–0513; FRL–9975–71–Region 7.
Fillmore, California. A Notice of Intent
for Partial Deletion for this Site was
published in the Federal Register (82
FR 60943–60946) on December 26,
2017. The closing date for comments on
the Notice of Intent for Partial Deletion
was January 25, 2018.
Eight public comments were received:
Five supported EPA’s decision to delete
the surface soil from the NPL, two
opposed, and one was not related to the
proposed partial deletion. The
commenters who opposed the action
want the soil portion of the Site to
remain on the NPL. EPA believes the
partial deletion action is appropriate
because the NPL deletion criterion
established by the NCP has been met;
the responsible party, Texaco, Inc., has
implemented all appropriate response
actions for surface soil set forth in the
2011 ROD Amendment, which selected
the remedy for contaminated soils at the
Site. Based on available data, EPA has
determined that no further response
action for soil at the Site is necessary.
EPA will conduct five-year reviews to
determine if the cleanup remains
protective of human health and the
environment. A responsiveness
summary was prepared and placed in
both the docket, EPA–HQ–SFUND–
1989–0011, on www.regulations.gov,
and in the local repositories listed
above.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion of a site from the
NPL does not preclude further remedial
action at the site. Whenever there is a
significant release from a site deleted
from the NPL, the deleted site may be
restored to the NPL without application
of the hazard ranking system. Deletion
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]]>Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12496-12501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05630]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0356; EPA-R07-OAR-2017-0268; EPA-R07-OAR-2017-0515;
EPA-R07-OAR-2017-0513; FRL-9975-71-Region 7]
Approval of Implementation Plans; State of Missouri; Elements of
the Infrastructure State Implementation Plan Requirements for the 2008
Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine
Particulate Matter National Ambient Air Quality Standards (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve elements of a State Implementation Plan (SIP)
submission from the State of Missouri for the 2008 Ozone, 2010 Nitrogen
Dioxide (NO2), 2010 Sulfur Dioxide (SO2), and
2012 Fine Particulate Matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). States are required to have a SIP that
provides for the implementation, maintenance, and enforcement of the
NAAQS. Whenever EPA promulgates a new or revised NAAQS, states are
required to make a SIP submission to establish that they have, or to
add, the provisions necessary to address various requirements to
address the new or revised NAAQS. These SIPs are commonly referred to
as ``infrastructure'' SIPs. The infrastructure requirements are
designed to ensure that the structural components of each state's air
quality management program are adequate to meet the state's
responsibilities under the CAA.
DATES: This final rule is effective on April 23, 2018.
ADDRESSES: EPA has established dockets for this action under Docket ID
Nos. EPA-R07-OAR-2015-0356; EPA-R07-OAR-2017-0268; EPA-R07-OAR-2017-
0515; EPA-R07-OAR-2017-0513. All documents in the dockets are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. Background
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
II. What is being addressed in this document?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
e. Section 110(a)(2)(E)(ii)/section 128
III. Have the requirements for approval of a SIP submission been
met?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/
section 128
IV. EPA's Response to Comments
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/
section 128
V. What action is EPA taking?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
e. Section 110(a)(2)(E)(ii)/section 128
VI. Statutory and Executive Order Reviews
I. Background
a. 2008 Ozone NAAQS
On October 6, 2017, EPA proposed to approve certain elements of the
2008 Ozone NAAQS infrastructure SIP submission from the State of
Missouri. See 82 FR 46741. In conjunction with the October 6, 2017,
notice of proposed rulemaking (NPR), EPA issued a direct final rule
(DFR) approving elements of the 2008 Ozone NAAQS infrastructure SIP.
See 82 FR 46679. In the DFR, EPA stated that if adverse comments were
submitted to EPA by November 6, 2017, the action would be withdrawn and
not take effect. EPA received two sets of comments prior to the close
of the comment period; one set of comments was adverse, and one was not
directly related to the action being taken by EPA. EPA withdrew the DFR
on November 28,2017. See 82 FR 56172.
b. 2010 NO2 NAAQS
On October 11, 2017, EPA proposed to approve certain elements of
the 2010 NO2 NAAQS infrastructure SIP submission from the
State of Missouri. See 82 FR 47170. In conjunction with the October 11,
2017 NPR, EPA issued a DFR approving elements of the 2010
NO2 NAAQS infrastructure SIP. See 82 FR 47154. In the DFR,
EPA stated that if adverse comments were submitted to EPA by November
13, 2017, the action would be withdrawn and not take effect. EPA
received five sets of comments prior to the close of the comment
period; one set of comments was adverse, and four sets of comments were
not related to the action being taken by EPA. Based on the adverse
comment received, EPA withdrew the DFR on December 8,2017. See 82 FR
57848.
c. 2010 SO2 NAAQS
On October 6, 2017, EPA proposed to approve certain elements of the
2010 SO2 NAAQS infrastructure SIP submission from the State
of Missouri. See 82 FR 46742. In conjunction with the October 6, 2017
NPR, EPA issued a DFR approving elements of the 2010 SO2
NAAQS infrastructure SIP. See 82 FR 46672. In the DFR, EPA stated that
if adverse comments were submitted to EPA by November 6, 2017, the
action would be withdrawn and not take effect. EPA received three sets
of comments prior to the close of the comment period; one set of
comments was adverse, and two sets of comments were not directly
related to the action being taken by EPA. EPA withdrew the DFR on
November 28,2017. See 82 FR 56172.
d. 2012 PM2.5 NAAQS
On October 11, 2017, EPA proposed to approve certain elements of
the 2012 PM2.5 NAAQS infrastructure SIP submission from the
State of Missouri and two state statutes into the Missouri SIP. See 82
FR 47169. In conjunction with the October 11, 2017 NPR, EPA issued a
DFR approving elements of the 2012 PM2.5 NAAQS
infrastructure SIP and the two state statutes into the SIP. See 82 FR
47147. In the DFR, EPA stated that if adverse comments were submitted
to EPA by November 13, 2017, the action would be withdrawn and not take
effect. EPA received six sets of comments prior to the close of the
comment period; three sets of comments were adverse, and three sets of
comments were not directly related to the action. EPA withdrew the DFR
on December 8, 2017. See 82 FR 57848.
[[Page 12497]]
This action is a final rule based on the NPRs previously discussed.
Detailed discussion of Missouri's 2008 Ozone, 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS infrastructure SIP
submissions, and EPA's rationale for approving those SIP submissions,
was provided in the DFRs and will not be restated here, except to the
extent relevant to our response to the public comments we received.
II. What is being addressed in this document?
EPA is only acting on the specific elements of the respective
infrastructure SIP submissions for the 2008 Ozone NAAQS, 2010
NO2 NAAQS, 2010 SO2 NAAQS, and 2012
PM2.5 NAAQS, identified in this action.
EPA will act on CAA section 110(a)(2)(D)(i)(II)--protection of
visibility (prong 4) for each of the infrastructure SIP submission in a
separate action or actions, therefore that element is not addressed in
this action.
Technical Support Documents (TSD) are included as part of each of
the dockets, noted above, and discuss the details of the actions being
taken, including analysis of how the SIP submissions for each NAAQS
meet the applicable CAA section 110 requirements for infrastructure
SIPs.
a. 2008 Ozone NAAQS
EPA is approving the infrastructure SIP submission from the State
of Missouri received on July 8, 2013, as meeting the submission
requirements of 110(a)(1). EPA is approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)--prevent significant
deterioration of air quality (prong 3), (D)(ii), (E) through (H), and
(J) through (M). EPA is not acting on the elements of section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong
1), interfering with maintenance of the NAAQs (prong 2) because the
state did not address those elements addressed in the infrastructure
SIP submission at issue in this rulemaking action.
b. 2010 NO2 NAAQS
EPA is approving the infrastructure SIP submission from the State
of Missouri received on April 30, 2013, as meeting the applicable
submission requirements of 110(a)(1). EPA is approving the following
elements of section 110(a)(2): (A) Through (H) (except (D)(i)(II)--
protection of visibility (prong 4)), and (J) through (M).
c. 2010 SO2 NAAQS
EPA is approving elements of the infrastructure SIP submission from
the State of Missouri received on July 8, 2013, as meeting the
submittal requirement of section 110(a)(1). EPA is approving the
following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II) --
prong 3, (D)(ii), (E) through (H), and (J) through (M). EPA is not
acting on the elements of section 110(a)(2)(D)(i)(I) --prong 1 or prong
2 as those elements were not part of the state SIP submittal.
d. 2012 PM2.5 NAAQS
EPA is approving elements of the infrastructure SIP submission from
the State of Missouri received on October 14, 2015, as meeting the
submittal requirement of section 110(a0(1). EPA is approving the
following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)--
prong 3, (D)(ii), (E) through (H), and (J) through (M). EPA intends to
act on section 110(a)(2)(D)(i)(I) --prong 1 and prong 2 in a subsequent
rulemaking action.
e. Section 110(a)(2)(E)(ii)/section 128
EPA is also approving the state's request to include Missouri State
Statute section 105.483(5) RSMo 2014, and Missouri State Statute
section 105.485 RSMo 2014 into the Missouri SIP. These two statutes
address aspects of the infrastructure requirements relating to state
boards or bodies, or agency heads, involved with permitting or
enforcement decisions found in section 128 of the CAA. The state
included this SIP submittal in the infrastructure SIP submission for
the 2012 PM2.5 NAAQS, but EPA notes that this infrastructure
SIP requirement is not NAAQS-specific.
III. Have the requirements for approval of the SIP submission been met?
a. 2008 Ozone NAAQS
The state's submission has met the public notice requirements for
the Ozone infrastructure SIP submission in accordance with 40 CFR
51.102. The state held a public comment period from The Missouri
Department of Natural Resources held a public hearing and comment
period from April 30, 2013 to June 6, 2013. EPA provided comments on
May 23, 2013 and were the only commenters. A public hearing was held on
May 30, 2013. The submission satisfied the completeness criteria of 40
CFR part 51, appendix V for all elements except 110(a)(2)(D)(i)(I)--
prongs 1 and 2. EPA published a notice in the Federal Register,
``Findings of Failure to Submit a Section 110 State Implementation Plan
for Interstate Transport for the 2008 National Ambient Air Quality
Standards for Ozone''.\1\ Missouri was included in this finding because
it had not made a complete ``good neighbor'' SIP submittal to meet the
section 110(a)(2)(D)(i)(I)--prongs 1 and 2 elements.
---------------------------------------------------------------------------
\1\ See 80 FR 39961 (August 12, 2015).
---------------------------------------------------------------------------
b. 2010 NO2 NAAQS
The state's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state held a
public hearing on March 28, 2013, and a public comment period from
February 25, 2013, to April 4, 2013. EPA provided comments to the state
on April 3, 2013, and was the only commenter. The state revised its
proposed SIP in response to EPA's comments and the revisions were
contained in the SIP submitted to EPA on April 30, 2013. The submission
satisfied the completeness criteria of 40 CFR part 51, appendix V.
c. 2010 SO2 NAAQS
The state's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state held a
public comment period from April 30, 2013, to June 6, 2013. EPA
provided comments on May 23, 2013, and were the only commenters. A
public hearing was held on May 30, 2013. The submission satisfied the
completeness criteria of 40 CFR part 51, appendix V for all elements
except 110(a)(2)(D)(i)(I)--prongs 1 and 2.
d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/section 128
The state's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state held a
public comment period from July 27, 2015, to September 3, 2015. The
state received no comments during the public comment period. A public
hearing was held on August 27, 2015. The submission satisfied the
completeness criteria of 40 CFR part 51, appendix V.
IV. EPA's Response to Comments
All comments on the proposed actions are available in the dockets
noted in this action. We only respond to adverse comments in this
action. No changes were made to the proposals in this final action
after consideration of the adverse comments received.
a. 2008 Ozone NAAQS
The public comment period on EPA's proposed rule opened October 6,
2017, the date of its publication in the Federal Register, and closed
on November 6, 2017. During this period, EPA received two sets of
comments: One in support of the rule and one which was adverse.
[[Page 12498]]
The adverse comment is addressed below.
Comment: The commenter stated that EPA must take action on
Missouri's submission regarding interstate transport. The commenter
asserted that the Cross State Air Pollution Rule (CSAPR) update does
not cover all sources of interstate transport and that in EPA's own
words is only a ``partial remedy'' for transport related to the ozone
NAAQS. The commenter thus argued that EPA must address the remainder of
Missouri's contribution to ambient ozone levels in neighboring states
in this rulemaking and that EPA has a nondiscretionary duty to issue a
Federal Implementation Plan (FIP) when a state fails to submit an
approvable state SIP submission.
EPA's response: In EPA's rulemaking proposing to approve Missouri's
infrastructure SIP for the 2008 ozone NAAQS, the Agency stated that it
was not taking any action in this rulemaking with respect to the good
neighbor provisions in section 110(a)(2)(D)(i)(I). Missouri did not
address the requirements of section 110(a)(2)(D)(i)(I) in the
infrastructure SIP submission for the 2008 Ozone NAAQS, and thus there
is no such submission upon which EPA either proposed to take action or
could take action on under section 110(k) of the CAA in this
rulemaking.
EPA acknowledges the commenter's concerns about interstate
transport of air pollutants and agrees in general with the commenter
that sections 110(a)(1) and (a)(2) of the CAA require states to submit,
within three years of promulgation of a new or revised NAAQS, a SIP
submission which adequately addresses cross-state air pollution under
section 110(a)(2)(D)(i)(I). As noted above in section III. a. of this
document, EPA has already issued a ``Findings of Failure to Submit a
Section 110 State Implementation Plan for Interstate Transport for the
2008 National Ambient Air Quality Standards for Ozone'', in August
2015, which triggered EPA's obligation under section 110(c) to
promulgate a Federal Implementation Plan addressing the requirements of
section 110(a)(2)(D)(i)(I).\2\ As the commenter notes, EPA has already
taken steps to address this obligation when it promulgated the CSAPR
update in June 2016.\3\ EPA will take any further steps that may be
necessary to address its obligation under sections 110(a)(2)(D)(i)(I)
and 110(c) with respect to the 2008 Ozone NAAQS in a separate action.
---------------------------------------------------------------------------
\2\ See 80 FR 39961 (August 12, 2015).
\3\ See 81 FR 41838 (August 12, 2016).
---------------------------------------------------------------------------
b. 2010 NO2 NAAQS
The public comment period on EPA's proposed rule opened October 11,
2017, the date of its publication in the Federal Register, and closed
on November 13, 2017. During this period, EPA received five sets of
comments: One set of comments was adverse, and four sets of comments
were not directly related to the action being taken by EPA in this
rulemaking. The adverse comment is addressed below.
Comment: The commenter stated that EPA failed to review this rule
against the president's March 28, 2017 executive order regarding
economic growth and energy independence.
EPA's response: Section 110(k)requires EPA to take action on a
state's SIP submission, and section 110(k)(3) provides that EPA
``shall'' approve a state's SIP submission if it meets the applicable
statutory requirements. In this case, EPA has determined that
Missouri's infrastructure SIP submission for this NAAQS met the
applicable requirements contained in section 110(a)(2), as explained in
this document. Therefore, EPA lacks discretion to decline to take
action on, or to disapprove, the SIP submission or to require changes
based on consideration of the Executive Order.
c. 2010 SO2 NAAQS
The public comment period on EPA's proposed rule opened October 6,
2017, the date of its publication in the Federal Register, and closed
on November 6, 2017. During this period, EPA received three sets of
comments: One set of comments was adverse, and two sets of comments
were not directly related to the action being taken by EPA. The adverse
comments are addressed below.
Comment 1: The commenter stated that EPA must issue a finding of
failure to submit for the interstate transport provisions of the
infrastructure SIP submission for the 2010 SO2 NAAQS.
EPA's response: In EPA's rulemaking proposing to approve Missouri's
infrastructure SIP for the 2010 1-hour SO2 NAAQS, EPA stated
that it was not taking any action with respect to the good neighbor
provisions in section 110(a)(2)(D)(i)(I) for this NAAQS. EPA
understands the commenter's concern with respect to interstate
transport. EPA will evaluate whether it is appropriate to make a
finding of failure to submit in a separate action.
d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/section 128
The public comment period on EPA's proposed rule opened October 11,
2017, the date of its publication in the Federal Register, and closed
on November 13, 2017. During this period, EPA received six sets of
comments: three set of comments were adverse, and three sets of
comments were not directly related to the action being taken by EPA.
Where sets of comments were similar in content, EPA grouped those
comments into a single comment and response where appropriate. The
adverse comments are addressed below.
Comment 1: The commenter stated that EPA does not have the
discretion to act separately on elements of an infrastructure SIP
submission, particularly with respect to section 110(a)(2)(D)(i) (prong
1 and prong 2), in a separate rulemaking. The commenter also asserted
that its comment letter constituted the commenter's ``notice of intent
to sue the agency for failure to perform its nondiscretionary duty
under 110(k)(2).''
EPA's Response: EPA acknowledges the commenter's concern for the
interstate transport of air pollutants and agrees in general with the
commenter that sections 110(a)(1) and (a)(2) of the CAA generally
require states to submit, within three years of promulgation of a new
or revised NAAQS, a SIP submission which adequately addresses
interstate transport of air pollution under section 110(a)(2)(D)(i)(I).
However, EPA disagrees with the commenter's argument that EPA cannot
approve other elements of an infrastructure SIP submission without also
taking action on the elements related to interstate transport.
EPA agrees with the commenter that it has an obligation to take
action under section 110(k) on SIP submissions. However, EPA disagrees
with the commenter's argument that the Agency cannot elect to act on
individual parts or elements of a state's infrastructure SIP submission
in separate rulemaking actions, as it deems appropriate. Section
110(k)of the CAA authorizes EPA to approve a SIP submission in full,
disapprove it in full, or approve it in part and disapprove it in part,
or conditionally approve it in full or in part, depending on the extent
to which such plan meets the requirements of the CAA. This authority to
approve state SIP submissions in separable parts was included in the
1990 Amendments to the CAA to overrule a decision in the Court of
Appeals for the Ninth Circuit holding that EPA could not approve
individual measures in a SIP
[[Page 12499]]
submission without either approving or disapproving the plan as a
whole. See S. Rep. No. 101-228, at 22, 1990 U.S.C.C.A.N. 3385, 3408
(discussing the express overruling of Abramowitz v. EPA, 832 F.2d 1071
(9th Cir. 1987)).
EPA interprets its authority under section 110(k) of the CAA as
affording the Agency the discretion to approve, disapprove, or
conditionally approve, individual elements of Missouri's infrastructure
SIP submission for the 2012 PM2.5 NAAQS, separate and apart
from any action with respect to the requirements of section
110(a)(2)(D)(i)(I) of the CAA with respect to that NAAQS. EPA views
discrete infrastructure SIP requirements, such as the requirements of
section 110(a)(2)(D)(i)(I), as severable from other infrastructure SIP
elements and interprets section 110(k) as allowing it to act on
individual severable elements or requirements in a SIP submission. In
short, EPA believes it has the discretion under section 110(k) of the
CAA to act upon the various individual elements of the State's
infrastructure SIP submission, separately or together, as appropriate.
EPA will address the remaining elements of Missouri's 2012
PM2.5 NAAQS, infrastructure SIP submission in a separate
rulemaking action or actions.
Finally, a public comment submitted on a proposal does not
constitute notice of intent to sue the Administrator for failure to
perform a nondiscretionary duty. Clean Air Act section 304(b)(2)
requires 60 days' notice of a civil action against the Administrator
for an alleged failure to perform a non-discretionary duty to the
Administrator. EPA's regulations require that service of notice to the
Administrator ``shall be accomplished by certified mail addressed to
the Administrator, Environmental Protection Agency, Washington, DC
20460.'' 40 CFR 54.2(a). The commenter's public comment submitted via
regulations.gov does not satisfy the regulatory requirements for
notices of intent to file suit against the Administrator for failure to
perform a non-discretionary duty.
Comment 2: Two commenters argued that EPA should not approve the
state statutes, 105.483(5) and 105.485 RSMo 2014, into the SIP as the
commenters do not believe the statutes adequately meet conflict of
interest requirements as required by section 110(a)(2)(E) and CAA
section 128.
EPA's Response: EPA believes that the commenter misunderstood the
purpose of these SIP submissions related to section 128. EPA has
already previously approved a SIP submission from Missouri as meeting
the requirements of section 128. See 78 FR 37457. The Agency's analysis
of that SIP submission appeared in the proposal notice for that
rulemaking. See 78 FR 21281 at page 21288. In this rulemaking, Missouri
is adding additional provisions to its SIP. The state statutes,
105.483(5) and 105.485 RSMo 2014, approved into the SIP by this action,
are meant to strengthen the SIP and are not the only SIP provisions
that pertain to section 128. EPA believes that the commenter may have
wrongly assumed that these latest additions to the SIP are the only
provisions relevant to section 128 in the Missouri SIP.
V. What action is EPA taking?
EPA is approving the specific elements of the respective
infrastructure SIP submissions for the 2008 Ozone NAAQS, 2010
NO2 NAAQS, 2010 SO2 NAAQS, and 2012
PM2.5 NAAQS, identified in this action.
EPA will act on CAA section 110(a)(2)(D)(i)(II)--prong 4 for each
of the infrastructure SIP submission for these NAAQS in a separate
rulemaking action or actions.
a. 2008 Ozone NAAQS
EPA is taking final action to approve elements of the July 8, 2013,
infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 Ozone NAAQS. EPA is approving the SIP submission
as meeting the submission requirements of section 110(a)(1) and
approving the following elements of section 110(a)(2): (A), (B), (C),
(D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through (M).
b. 2010 NO2 NAAQS
EPA is taking final action to approve elements of the April 30,
2013, infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2010 NO2 NAAQS. EPA is approving the
submission as meeting the submittal requirement of section 110(a)(1)
and approving the following elements of section 110(a)(2): (A) through
(H) (except (D)(i)(II)--prong 4), and (J) through (M).
c. 2010 SO2 NAAQS
EPA is taking final action to approve elements of the July 8, 2013,
infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2010 SO2 NAAQS. EPA is approving the
submission as meeting the submittal requirement of section 110(a)(1)
and approving the following elements of section 110(a)(2): (A), (B),
(C), (D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through
(M). EPA is not acting on the elements of section 110(a)(2)(D)(i)(I)--
prong 1 or prong 2 because those elements were not addressed in the SIP
submittal.
d. 2012 PM2.5 NAAQS
EPA is taking final action to approve elements of the October 14,
2015, infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2012 Annual PM2.5 NAAQS. EPA is approving
the submission as meeting the submittal requirement of section
110(a)(1) and approving the following elements of section 110(a)(2):
(A), (B), (C), (D)(i)(II)--prong 3), (D)(ii), (E) through (H), and (J)
through (M). EPA intends to act on elements of section
110(a)(2)(D)(i)(I)--prong 1 and prong 2 in a subsequent rulemaking.
e. Section 110(a)(2)(E)(ii)/section 128
EPA is taking final action to the state's request to include
Missouri State Statute section 105.483(5) RSMo 2014, and Missouri State
Statute section 105.485 RSMo 2014 into the Missouri SIP. These two
statutes address aspects of the infrastructure requirements relating to
state boards or bodies, or agency heads, involved with permitting or
enforcement decisions found in section 128 of the CAA. The state
included this SIP revision in the infrastructure SIP submission for the
2012 PM2.5 NAAQS, but EPA notes that this infrastructure SIP
requirement is not NAAQS-specific.
VI. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory
[[Page 12500]]
action because SIP approvals are exempted under Executive Order 12866.
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 (Public Law 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).
In addition, 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 May 21, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: March 7, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA is amending 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
the entries ``(63) Sections 110 (a)(1) and 110(a)(2) Infrastructure
Requirements for the 2008 Ozone NAAQS'', ''(64) Sections 110 (a)(1) and
110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide
NAAQS'', ``(65) Sections 110 (a)(1) and 110(a)(2) Infrastructure
Requirements for the 2010 Sulfur Dioxide NAAQS'', ``(72) Sections 110
(a)(1) and 110(a)(2) Infrastructure Requirements for the 2012 Annual
Fine Particulate Matter (PM2.5) NAAQS'', and ``(73) Missouri
State Statute section 105.483(5) RSMo 2014, and Missouri State Statute
section 105.485 RSMo 2014'' in numerical order to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e)* * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal EPA approval date Explanation
provision or nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(63) Sections 110(a)(1) and Statewide.............. 7/8/13 3/22/18, [insert This action approves
110(a)(2) Infrastructure Federal Register the following CAA
Requirements for the 2008 citation]. elements: 110(a)(1)
Ozone NAAQS. and 110(a)(2)(A),
(B), (C), (D)(i)(II)--
prong 3, (D)(ii),
(E), (F), (G), (H),
(J), (K), (L), and
(M).
110(a)(2)(D)(i)(I)--p
rongs 1 and 2 are
addressed by Federal
Implementation Plans.
110(a)(2)(I) is not
applicable. [EPA-R07-
OAR-2015-0356; FRL-
9975-71-Region 7].
(64) Sections 110(a)(1) and Statewide.............. 4/30/13 3/22/18, [insert This action approves
110(a)(2) Infrastructure Federal Register the following CAA
Requirements for the 2010 citation]. elements: 110(a)(1)
Nitrogen Dioxide NAAQS. and 110(a)(2)(A),
(B), (C), (D)(i)(I),
(D)(i)(II)--prong 3,
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M).
110(a)(2)(I) is not
applicable. [EPA-R07-
OAR-2017-0268; FRL-
9975-71-Region 7].
[[Page 12501]]
(65) Sections 110(a)(1) and Statewide.............. 7/8/13 3/22/18, [insert This action approves
110(a)(2) Infrastructure Federal Register the following CAA
Requirements for the 2010 citation]. elements: 110(a)(1)
Sulfur Dioxide NAAQS. and 110(a)(2)(A),
(B), (C), (D)(i)(II)--
prong 3, (D)(ii),
(E), (F), (G), (H),
(J), (K), (L), and
(M). EPA is not
acting on
110(a)(2)(D)(i)(I)--p
rongs 1 and 2.
110(a)(2)(I) is not
applicable. EPA
intends to act on
110(a)(2)(D)(i)(II)--
prong 4 in a separate
action. [EPA-R07-OAR-
2017-0515; FRL-9975-
71-Region 7].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(72) Sections 110(a)(1) and Statewide.............. 10/14/15 3/22/18, [insert This action approves
110(a)(2) Infrastructure Federal Register the following CAA
Requirements for the 2012 citation]. elements: 110(a)(1)
Annual Fine Particulate Matter and 110(a)(2)(A),
(PM2.5) NAAQS. (B), (C), (D)(i)(II)--
prong 3, D(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
110(a)(2)(I) is not
applicable. [EPA-R07-
OAR-2017-0513; FRL-
9975-71-Region 7].
(73) Missouri State Statute Statewide.............. 10/14/15 3/22/18, [insert EPA-R07-OAR-2017-0513;
section 105.483(5) RSMo 2014, Federal Register FRL-9975-71-Region 7.
and Missouri State Statute citation].
section 105.485 RSMo 2014.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-05630 Filed 3-21-18; 8:45 am]
BILLING CODE 6560-50-P
