Air Plan Approval and Air Quality Designation; MO; Redesignation of the Missouri Portion of the St. Louis Missouri-Illinois Area to Attainment of the 1997 Annual Standards for Fine Particulate Matter and Approval of Associated Maintenance Plan, 38033-38036 [2018-16003]
Download as PDF
Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
amozie on DSK3GDR082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within a limited area on the navigable
water in the Shark River, for
approximately one hour. This rule is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
(REC) supporting this determination is
available in the docket where indicated
under ADDRESSES.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05-0614 to read as
follows:
■
§ 165.T05–0614 Safety Zone; Fireworks,
Shark River, Neptune, NJ.
(a) Location. The following area is a
safety zone: All waters of the Shark
River off of Neptune, NJ, within 100
yards of the barge anchored in position
40°11′32.08″ N, 074°01′53.06″ W. All
coordinates are based on Datum NAD
1983.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
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38033
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from 8:30 p.m. through
9:30 p.m. on August 4, 2018.
Dated: July 30, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the
Port Delaware Bay.
[FR Doc. 2018–16620 Filed 8–2–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R07–OAR–2017–0734; FRL 9981–29Region 7]
Air Plan Approval and Air Quality
Designation; MO; Redesignation of the
Missouri Portion of the St. Louis
Missouri-Illinois Area to Attainment of
the 1997 Annual Standards for Fine
Particulate Matter and Approval of
Associated Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On January 5, 2018, the
Environmental Protection Agency (EPA)
published in the Federal Register an
advanced notice of proposed
rulemaking (ANPR) specifically
requesting early input and comments on
the Agency’s interpretation that air
quality monitoring data from 2015–2017
support a finding that the Missouri
Portion of the St. Louis nonattainment
area attains the 1997 Annual National
Ambient Air Quality Standards
(NAAQS) for fine particulate matter
(PM2.5). The notice also provided an
evaluation of Missouri’s 1997 Annual
PM2.5 NAAQS maintenance plan, which
includes the 2008 and 2025 NOX and
PM2.5 motor vehicle emission budgets
(MVEBs) and established the 2008 base
year emissions inventory. EPA received
no comments on the ANPR. EPA is now
taking direct final action on three items,
consistent with the ANPR. First, EPA is
approving the state’s request to
redesignate the Missouri portion of the
St. Louis MO–IL nonattainment area to
attainment for the 1997 Annual PM2.5
NAAQS as the monitoring values
demonstrate the area attains the
standard. Second, EPA is approving the
state implementation plan (SIP) revision
containing a maintenance plan for the
SUMMARY:
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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations
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Missouri portion of the area including
the motor vehicle emissions budget.
Third, EPA is approving Missouri’s
2008 base year emissions inventory in
accordance with section 172(c)(3) of the
CAA.
DATES: This direct final rule will be
effective October 2, 2018, without
further notice, unless EPA receives
adverse comment by September 4, 2018.
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–2017–0734, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is approving actions related to
Missouri’s request to redesignate the
Missouri portion of the St. Louis area to
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attainment for the 1997 Annual PM2.5
standards. On September 2, 2011, and
subsequently on March 31, 2014, and on
September 17, 2014,1 Missouri, through
the Missouri Department of Natural
Resources (MDNR) submitted requests
for EPA to redesignate the Missouri
portion of the St. Louis MO–IL
nonattainment area to attainment for the
1997 Annual National Ambient Air
Quality Standards (NAAQS) for fine
particulate matter (PM2.5) and approve a
state implementation plan (SIP) revision
containing a maintenance plan for the
Missouri portion of the area. On January
5, 2018, EPA published an Advanced
Notice of Proposed Rulemaking (ANPR)
on the related actions and received no
comments. See 83 FR 636. In this
rulemaking action, EPA is taking direct
final action to approve the state’s
request. In addition, EPA is also taking
direct final action to approve Missouri’s
2008 base year emissions inventory in
accordance with section 172(c)(3) of the
CAA.
II. Have the requirements for approval
of a SIP revision been met?
The state’s submission has met the
public notice requirements for the
redesignation request and maintenance
plan submission in accordance with 40
CFR 51.102. The submission also
satisfied the completeness criteria of 40
CFR part 51, appendix V. The state held
a public comment period from
December 30, 2013 to February 6, 2014,
and received three comments from the
EPA. A public hearing was held on
January 30, 2014.
III. What action is EPA taking?
Consistent with the strategy outlined
in the ANPR, published in January
2018, EPA is taking direct final action
to approve Missouri’s request to
redesignate the St. Louis bi-state
nonattainment area for the 1997 Annual
PM2.5 National Ambient Air Quality
Standards and approve a state
implementation plan (SIP) revision
containing a maintenance plan for the
Missouri portion of the area, and
officially redesignate the area from
nonattainment to attainment. EPA is
also taking direct final action on
Missouri’s 2008 emission inventory.
Missouri submitted their first request
to determine attainment and
redesignation on September 1, 2011.
1 The date of the original submission is
September 2, 2011. Missouri supplemented and
revised their request on March 31, 2014, September
17, 2014, and May 23, 2017. The May 27, 2017,
letter requested EPA to take action on the prior
submission, but did not include additional
documentation. EPA considered all submissions in
reviewing this action.
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The state then supplemented and
revised their request on March 31, 2014,
and on September 17, 2014. In this
direct final rule, when EPA refers to
Missouri’s submission, we are referring
to information provided in the 2011 and
2014 submissions and the additional
clarifying information together unless
otherwise specified.
EPA evaluated Missouri’s request and
plan consistent with section 175A of the
CAA and EPA’s supplemental analysis
that the area will continue to maintain
the 2008 ozone NAAQS following
redesignation. The Missouri counties
comprising the St. Louis area are
Franklin, Jefferson, St. Charles and St.
Louis. The City of St. Louis is also part
of the nonattainment area. Because we
did not receive public comments on the
advanced notice of proposed
rulemaking for this action, we are
publishing this as a direct final rule as
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 Clean Air Act, 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);
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• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
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 (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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:
Authority: 42 U.S.C. 7401 et seq.
1. The authority citation for part 52
continues to read as follows:
Subpart C—Section 107 Attainment
Status Designations
*
Authority: 42 U.S.C. 7401 et seq.
*
*
*
*
4. Section 81.326 is amended by
revising the entry for ‘‘St. Louis MO–IL’’
in the table entitled ‘‘Missouri—1997
Annual PM2.5 NAAQS (Primary and
Secondary)’’ to read as follows:
■
Subpart AA—Missouri
*
*
*
*
2. Revise § 52.1341 to read as follows:
§ 52.1341
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
■
the St. Louis (MO–IL) metropolitan 1997
PM2.5 nonattainment area has attained
the 1997 PM2.5 NAAQS. This
determination, in accordance with 40
CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures,
reasonable further progress, contingency
measures, and other plan elements
related to attainment of the standards
for as long as the area continues to meet
the 1997 PM2.5 NAAQS. In addition,
based upon EPA’s review of the air
quality data for the three-year period
2007 to 2009, the St. Louis (MO–IL)
PM2.5 nonattainment area has attained
the 1997 PM2.5 NAAQS by the
applicable attainment date of April 5,
2010.
(b) Redesignation to attainment. On
September 1, 2011, and on March 31,
2014 and on September 17, 2014,
Missouri submitted requests to
redesignate the Missouri portion of the
St. Louis MO–IL area to attainment of
the 1997 Annual PM2.5 standard. The
Missouri portion of the St. Louis MO–
IL area includes Jefferson, Franklin, St.
Charles, and St. Louis Counties along
with the City of St. Louis. As part of the
redesignation request, the State
submitted a plan for maintaining the
1997 Annual PM2.5 standard through
2025 in the area as required by section
175A of the Clean Air Act.
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
38035
Control strategy: Particulate.
(a) Determination of attainment. EPA
has determined, as of May 23, 2011, that
§ 81.326
*
*
Missouri
*
*
*
MISSOURI–1997 ANNUAL PM2.5 NAAQS
amozie on DSK3GDR082PROD with RULES
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
St. Louis, MO–IL:
Franklin County ........................................................
Jefferson County ......................................................
St. Charles County ..................................................
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August 3, 2018 ...................
August 3, 2018 ...................
August 3, 2018 ...................
Frm 00025
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Date 2
Type
Attainment
Attainment
Attainment
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38036
Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations
MISSOURI–1997 ANNUAL PM2.5 NAAQS—Continued
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
St. Louis County ......................................................
St. Louis City ...........................................................
Date 2
Type
August 3, 2018 ...................
August 3, 2018 ...................
Type
Attainment
Attainment
.
*
*
*
*
*
*
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
*
[FR Doc. 2018–16003 Filed 8–2–18; 8:45 am]
Wednesday, July 25, 2018, make the
following correction:
40 CFR Part 63
*
Table 1 to Subpart LLL of Part 63
[Corrected]
BILLING CODE 6560–50–P
[EPA–HQ–OAR–2016–0442; FRL–9981–06–
OAR]
RIN 2060–AS92
On page 35135, the table should read
as set forth below:
■
National Emission Standards for
Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry Residual Risk and
Technology Review
Correction
In rule document 2018–15718
beginning on page 35122 in the issue of
TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS
Citation
Requirement
*
63.10(e)(3)(v) ....................
*
*
*
Due Dates for Excess Emissions and CMS Performance
Reports.
*
*
*
Applies to subpart LLL
*
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
*
[EPA–HQ–SFUND–2010–1086; FRL–9979–
68–OLEM]
DATES:
RIN 2050–AG67
FOR FURTHER INFORMATION CONTACT:
Addition of a Subsurface Intrusion
Component to the Hazard Ranking
System; Corrections
Environmental Protection
Agency (EPA).
ACTION: Correcting amendments.
AGENCY:
On January 9, 2017, the
Environmental Protection Agency
SUMMARY:
VerDate Sep<11>2014
23:08 Aug 02, 2018
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This correction is effective
August 3, 2018.
Terry Jeng, phone: (703) 603–8852,
email: jeng.terry@epa.gov, Site
Assessment and Remedy Decisions
Branch, Assessment and Remediation
Division, Office of Superfund
Remediation and Technology
Innovation (Mailcode 5204P), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
PO 00000
Frm 00026
Fmt 4700
*
No
published a final rule which added
subsurface intrusion component to the
Superfund Hazard Ranking System.
That document inadvertently failed to
update the Table of Contents and
contained a few other typographical
errors. This document corrects the final
regulation.
[FR Doc. C1–2018–15718 Filed 8–2–18; 8:45 am]
amozie on DSK3GDR082PROD with RULES
*
Sfmt 4700
Explanation
*
§ 63.1354(b)(9) specifies
due date.
*
*
This is
EPA’s erratum to the final rule titled
Addition of a Subsurface Intrusion
Component to the Hazard Ranking
System, published January 9, 2017 (82
FR 2760). This is the second set of
corrections. The first set of corrections
was published in the Federal Register
on January 31, 2018 (83 FR 4430). This
document augments those corrections.
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. See
Utility Solid Waste Activities Group v.
EPA, 236 F.3d 749, 752 (D.C. Cir. 2001).
We have determined that there is good
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03AUR1.SGM
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Agencies
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38033-38036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16003]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2017-0734; FRL 9981-29-Region 7]
Air Plan Approval and Air Quality Designation; MO; Redesignation
of the Missouri Portion of the St. Louis Missouri-Illinois Area to
Attainment of the 1997 Annual Standards for Fine Particulate Matter and
Approval of Associated Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On January 5, 2018, the Environmental Protection Agency (EPA)
published in the Federal Register an advanced notice of proposed
rulemaking (ANPR) specifically requesting early input and comments on
the Agency's interpretation that air quality monitoring data from 2015-
2017 support a finding that the Missouri Portion of the St. Louis
nonattainment area attains the 1997 Annual National Ambient Air Quality
Standards (NAAQS) for fine particulate matter (PM2.5). The
notice also provided an evaluation of Missouri's 1997 Annual
PM2.5 NAAQS maintenance plan, which includes the 2008 and
2025 NOX and PM2.5 motor vehicle emission budgets
(MVEBs) and established the 2008 base year emissions inventory. EPA
received no comments on the ANPR. EPA is now taking direct final action
on three items, consistent with the ANPR. First, EPA is approving the
state's request to redesignate the Missouri portion of the St. Louis
MO-IL nonattainment area to attainment for the 1997 Annual
PM2.5 NAAQS as the monitoring values demonstrate the area
attains the standard. Second, EPA is approving the state implementation
plan (SIP) revision containing a maintenance plan for the
[[Page 38034]]
Missouri portion of the area including the motor vehicle emissions
budget. Third, EPA is approving Missouri's 2008 base year emissions
inventory in accordance with section 172(c)(3) of the CAA.
DATES: This direct final rule will be effective October 2, 2018,
without further notice, unless EPA receives adverse comment by
September 4, 2018. 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-2017-0734, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is approving actions related to Missouri's request to
redesignate the Missouri portion of the St. Louis area to attainment
for the 1997 Annual PM2.5 standards. On September 2, 2011,
and subsequently on March 31, 2014, and on September 17, 2014,\1\
Missouri, through the Missouri Department of Natural Resources (MDNR)
submitted requests for EPA to redesignate the Missouri portion of the
St. Louis MO-IL nonattainment area to attainment for the 1997 Annual
National Ambient Air Quality Standards (NAAQS) for fine particulate
matter (PM2.5) and approve a state implementation plan (SIP)
revision containing a maintenance plan for the Missouri portion of the
area. On January 5, 2018, EPA published an Advanced Notice of Proposed
Rulemaking (ANPR) on the related actions and received no comments. See
83 FR 636. In this rulemaking action, EPA is taking direct final action
to approve the state's request. In addition, EPA is also taking direct
final action to approve Missouri's 2008 base year emissions inventory
in accordance with section 172(c)(3) of the CAA.
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\1\ The date of the original submission is September 2, 2011.
Missouri supplemented and revised their request on March 31, 2014,
September 17, 2014, and May 23, 2017. The May 27, 2017, letter
requested EPA to take action on the prior submission, but did not
include additional documentation. EPA considered all submissions in
reviewing this action.
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II. Have the requirements for approval of a SIP revision been met?
The state's submission has met the public notice requirements for
the redesignation request and maintenance plan submission in accordance
with 40 CFR 51.102. The submission also satisfied the completeness
criteria of 40 CFR part 51, appendix V. The state held a public comment
period from December 30, 2013 to February 6, 2014, and received three
comments from the EPA. A public hearing was held on January 30, 2014.
III. What action is EPA taking?
Consistent with the strategy outlined in the ANPR, published in
January 2018, EPA is taking direct final action to approve Missouri's
request to redesignate the St. Louis bi-state nonattainment area for
the 1997 Annual PM2.5 National Ambient Air Quality Standards
and approve a state implementation plan (SIP) revision containing a
maintenance plan for the Missouri portion of the area, and officially
redesignate the area from nonattainment to attainment. EPA is also
taking direct final action on Missouri's 2008 emission inventory.
Missouri submitted their first request to determine attainment and
redesignation on September 1, 2011. The state then supplemented and
revised their request on March 31, 2014, and on September 17, 2014. In
this direct final rule, when EPA refers to Missouri's submission, we
are referring to information provided in the 2011 and 2014 submissions
and the additional clarifying information together unless otherwise
specified.
EPA evaluated Missouri's request and plan consistent with section
175A of the CAA and EPA's supplemental analysis that the area will
continue to maintain the 2008 ozone NAAQS following redesignation. The
Missouri counties comprising the St. Louis area are Franklin,
Jefferson, St. Charles and St. Louis. The City of St. Louis is also
part of the nonattainment area. Because we did not receive public
comments on the advanced notice of proposed rulemaking for this action,
we are publishing this as a direct final rule as 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 Clean Air Act, 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);
[[Page 38035]]
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory 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 (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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
* * * * *
0
2. Revise Sec. 52.1341 to read as follows:
Sec. 52.1341 Control strategy: Particulate.
(a) Determination of attainment. EPA has determined, as of May 23,
2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 PM2.5 NAAQS. In addition, based upon EPA's review
of the air quality data for the three-year period 2007 to 2009, the St.
Louis (MO-IL) PM2.5 nonattainment area has attained the 1997
PM2.5 NAAQS by the applicable attainment date of April 5,
2010.
(b) Redesignation to attainment. On September 1, 2011, and on March
31, 2014 and on September 17, 2014, Missouri submitted requests to
redesignate the Missouri portion of the St. Louis MO-IL area to
attainment of the 1997 Annual PM2.5 standard. The Missouri
portion of the St. Louis MO-IL area includes Jefferson, Franklin, St.
Charles, and St. Louis Counties along with the City of St. Louis. As
part of the redesignation request, the State submitted a plan for
maintaining the 1997 Annual PM2.5 standard through 2025 in
the area as required by section 175A of the Clean Air Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
* * * * *
0
4. Section 81.326 is amended by revising the entry for ``St. Louis MO-
IL'' in the table entitled ``Missouri--1997 Annual PM2.5
NAAQS (Primary and Secondary)'' to read as follows:
Sec. 81.326 Missouri
* * * * *
Missouri-1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
St. Louis, MO-IL:
Franklin County.................... August 3, 2018........... Attainment ........... ...........
Jefferson County................... August 3, 2018........... Attainment ........... ...........
St. Charles County................. August 3, 2018........... Attainment ........... ...........
[[Page 38036]]
St. Louis County................... August 3, 2018........... Attainment ........... ...........
St. Louis City..................... August 3, 2018........... Attainment ........... ...........
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2018-16003 Filed 8-2-18; 8:45 am]
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