Approval of Missouri Air Quality Implementation Plans; Redesignation of the Missouri Portion of the St. Louis-St. Charles-Farmington, MO-IL 2008 Ozone Area to Attainment, 47572-47574 [2018-20326]
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Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R07–OAR–2017–0349; FRL–9983–
68—Region 7]
Approval of Missouri Air Quality
Implementation Plans; Redesignation
of the Missouri Portion of the St.
Louis-St. Charles-Farmington, MO-IL
2008 Ozone Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
redesignate the Missouri portion of the
St. Louis-St. Charles-Farmington, MO-IL
nonattainment area (‘‘St. Louis area’’ or
‘‘area’’) to attainment for the 2008 ozone
National Ambient Air Quality Standard
(NAAQS). EPA is also approving, as a
revision to the Missouri State
Implementation Plan (SIP), the state’s
plan for maintaining the 2008 8-hour
ozone NAAQS through 2030. Finally,
EPA finds adequate and is approving, as
a SIP revision, the State’s 2030 volatile
organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission
Budgets (MVEBs) for the Missouri
portion of the St. Louis area. The
Missouri Department of Natural
Resources (MDNR) submitted this
request on September 12, 2016, with a
supplemental submission on February
16, 2018. EPA addressed the Illinois
portion of the St. Louis area in a
separate rulemaking action published in
the Federal Register on March 1, 2018.
DATES: This final rule is effective on
September 20, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2017–0349. 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., 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:
Lachala Kemp, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
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SUMMARY:
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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:
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. EPA’s Response to Comments
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
This final rulemaking takes final
action on submissions from MDNR
dated September 12, 2016, and
supplemented on February 16, 2018,
requesting redesignation of the Missouri
portion of the St. Louis area attainment
for the 2008 ozone NAAQS. The
background for this action is discussed
in detail in EPA’s proposed rulemaking
published in the Federal Register on
June 25, 2018 (83 FR 29486). In that
proposed rulemaking we noted, under
EPA’s regulations at 40 CFR part 50, the
2008 8-hour ozone NAAQS is attained
when the three-year average of the
annual fourth highest daily maximum 8hour average concentration is equal to
or less than 0.075 ppm at all of the
ozone monitoring sites in the area. See
40 CFR 50.15 and appendix P to 40 CFR
part 50. Under the CAA, EPA may
redesignate nonattainment areas to
attainment if sufficient complete,
quality-assured data are available to
determine that the area has attained the
standard and if it meets the other CAA
redesignation requirements in section
107(d)(3)(E). The proposed rule
provides a detailed discussion of how
Missouri has met these CAA
requirements.
As discussed in the June 25, 2018,
proposal, quality-assured and certified
monitoring data for 2013–2015 show
that the St. Louis area has attained the
2008 ozone standard. In the
maintenance plan submitted for the
area, Missouri has demonstrated that the
ozone standard will be maintained in
the area through 2030. Finally, Missouri
adopted 2030 MVEBs for its portion of
the St. Louis area that are adequate and
supported by MDNR’s maintenance
demonstration.
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
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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 June 27,
2016, to August 4, 2016, and received
six comments from three commenters. A
public hearing was held on July 28,
2016.
III. EPA’s Response to Comments
EPA provided a thirty-day review and
comment period for the June 25, 2018
proposed rule. The comment period
ended on July 25, 2018. EPA received
three sets of comments, specifically
adverse comments from the Missouri
Department of Natural Resources
(MDNR) and the Sierra Club. Full sets
of these comments are provided in the
docket for this final action. A summary
of the adverse comments and EPA’s
responses are provided below.
Comment: The commenter stated that
Missouri’s most recent monitoring
network plan was approved in 2017, as
also stated in the proposal. However, a
footnote in the proposal references the
2016 monitoring network plan and the
state’s commitment to verified
attainment. The commenter is
requesting the footnote reference be
changed to reflect the most recent
approved plan.
EPA’s Response: EPA agrees with the
commenter that the most recent
monitoring network plan was approved
on December 19, 2017, and Missouri has
committed to monitoring air quality for
verification of continued attainment. In
this final rulemaking notice, we clarify
that the monitoring network plan used
for verification of continued attainment
is the plan approved by EPA on
December 19, 2017.
Comment: The commenter requested
clarification on the source of the 2014
attainment inventory data, since the
proposal states that data for the 2014
attainment inventory was not
interpolated between the 2011 and 2018
Ozone NAAQS Emissions Modeling
platform inventories, because EPA’s
National Emissions Inventory (NEI) was
unavailable at the time of the
redesignation request.
EPA’s Response: EPA agrees with the
commenter that the Agency’s 2014 NEI
was not available at the time Missouri
submitted its request for redesignation.
EPA also agrees that Missouri did not
interpolate data between 2011 and 2018
to create inventories for 2014. The state
used Missouri-specific 2014 emissions
data for the 2014 attainment year. As
indicated in the proposal both NOX and
VOC emissions decreased from the base
year to the attainment year and helps
adequately demonstrate that
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Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations
improvement in air quality is due to
permanent and enforceable emission
reductions.
Comment: The commenter stated that
EPA should not take final action to
approve the redesignation of the St.
Louis area to attainment because the
state’s data indicate most monitoring
sites in the nonattainment area have
exceeded the 2008 ozone NAAQS in just
the first half of the 2018 ozone season,
and that past improvements cannot be
reasonably attributed to permanent and
enforceable reductions in emissions
because of regular exceedances of the
2008 NAAQS at monitoring sites.
EPA’s Response: Section 107(d)(3)(E)
of the CAA allows redesignation of a
nonattainment area to attainment of the
NAAQS provided that: (1) The
Administrator determines that the area
has attained the NAAQS; (2) the
Administrator has fully approved the
applicable implementation plan for the
area under section 110(k) of the CAA;
(3) the Administrator determines that
the improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
Specifically, the CAA section
107(d)(3)(E)(i) requires EPA to
determine that the area has attained the
applicable NAAQS. An area is attaining
the 2008 ozone NAAQS if it meets the
2008 ozone NAAQS, as determined in
accordance with 40 CFR 50.15 and
appendix P of part 50, based on three
complete, consecutive calendar years of
quality assured air quality data for all
monitoring sites in the area. To attain
the NAAQS, the three-year average of
the annual fourth-highest daily
maximum 8-hour average ozone
concentrations (ozone design values) at
each monitor must not exceed 0.075
ppm. EPA disagrees with the
commenter that final action should not
be taken to redesignate the St. Louis
area due to data indicating exceedances
at monitoring sites in the area.
EPA’s proposed rulemaking was
based on quality assured data from
2013–2015 which demonstrated that the
St. Louis area is attaining the 2008
ozone NAAQS. In addition, 2014–2016
and 2015–2017 data confirm that the
area continues to attain that NAAQS.
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EPA’s ozone season runs from March–
October and data collected thus far in
2018 has yet to be quality assured or
certified by the state. Individual
readings at air quality monitors that
exceed the level of the NAAQS do not
mean that an area is no longer attaining
the NAAQS. In part because ozone
concentrations are influenced by
meteorology and subject to variable
conditions, attainment of the 2008
ozone NAAQS is measured using the
three-year average design value at all
monitoring sites in the area. Moreover,
as stated in the proposal, the St. Louis
area has also shown a decrease in both
NOX and VOC emissions which
indicates that improvement in air
quality is due to permanent and
enforceable emission reductions, rather
than temporary conditions.
IV. What action is EPA taking?
EPA has determined that the Missouri
portion of the St. Louis nonattainment
area is attaining the 2008 ozone
standard based on quality-assured and
certified monitoring data for 2013–2015
and that the Missouri portion of the St.
Louis area has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA.
EPA is thus approving the state’s
request to change the designation of the
Missouri portion of the St. Louis area for
the 2008 ozone standard from
nonattainment to attainment. EPA is
also approving, as a revision to the
Missouri SIP, the state’s maintenance
plan for the area. The maintenance plan
is designed to keep the Missouri portion
of the St. Louis area in attainment of the
2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is
approving the newly-established 2030
MVEBs for the Missouri portion of the
St. Louis area.
EPA has determined that these actions
are effective immediately upon
publication under the authority of 5
U.S.C. 553(d). The purpose of the thirtyday waiting period prescribed in section
553(d) is to give affected parties a
reasonable time to adjust their behavior
and prepare before the final rule takes
effect. Section 553(d)(1) allows an
effective date less than thirty days after
publication if a substantive rule
‘‘relieves a restriction.’’ These actions
qualify for the exception under section
553(d)(1) because they relieve the State
of various requirements for the Area.
Furthermore, section 553(d)(3) allows
an effective date less than thirty days
after publication ‘‘as otherwise provided
by the agency for good cause found and
published with the rule.’’ EPA finds
good cause to make these actions
effective immediately pursuant to
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47573
section 553(d)(3) because they do not
create any new regulatory requirements
such that affected parties would need
time to prepare before the actions take
effect.
V. 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 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
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).
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reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
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).
Dated: September 13, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
List of Subjects
■
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
2. Amend § 52.1342 by adding
paragraph (e) to read as follows:
4. Section 81.326 is amended by
revising the entry for ‘‘St. Louis-St.
Charles-Farmington, MO-IL’’ in the table
entitled ‘‘Missouri—2008 8-Hour Ozone
NAAQS (Primary and Secondary)’’ to
read as follows:
§ 52.1342
§ 81.326
(e) Redesignation to attainment. On
September 12, 2016, and February 16,
2018, Missouri submitted requests to
redesignate its portion of the St. Louis
MO-IL area to attainment of the 2008
ozone standard. The Missouri portion of
the St. Louis MO-IL area includes
Jefferson, Franklin, St. Charles, and St.
Louis Counties along with the City of St.
Louis. As part of the redesignation
request, the State submitted a plan for
maintaining the 2008 ozone standard
through 2030 in the area as required by
section 175A of the Clean Air Act.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:
3. The authority citation for part 81
continues to read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
1. The authority citation for part 52
continues to read as follows:
■
■
Authority: 42 U.S.C. 7401 et seq.
Subpart—AA Missouri
*
*
Control strategy: Ozone.
*
*
*
*
Missouri.
*
*
*
*
MISSOURI—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
Date 1
St. Louis-St. Charles-Farmington, MO-IL 2:
Franklin County ........................................................................................
Jefferson County ......................................................................................
St. Charles County ...................................................................................
St. Louis County .......................................................................................
St. Louis City ............................................................................................
*
1 This
*
*
9/20/2018
9/20/2018
9/20/2018
9/20/2018
9/20/2018
*
Date 1
Type
Type
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
*
*
*
date is July 20, 2012, unless otherwise noted.
Indian country located in each area, unless otherwise noted.
2 Excludes
*
*
*
*
*
DEPARTMENT OF TRANSPORTATION
[FR Doc. 2018–20326 Filed 9–19–18; 8:45 am]
Federal Transit Administration
BILLING CODE 6560–50–P
49 CFR Part 639
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[Docket No. FTA–2018–0006]
RIN 2132–AB34
Capital Leases
Federal Transit Administration
(FTA), Department of Transportation.
ACTION: Final rule.
AGENCY:
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This rulemaking rescinds the
regulation implementing the
requirement for recipients to conduct a
cost-effectiveness analysis before leasing
public transportation equipment or
facilities with Federal transit funds. The
requirement to conduct a costeffectiveness analysis was rescinded by
statute in 2015.
SUMMARY:
This final rule is effective on
September 20, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mark Montgomery, Office of Chief
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[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47572-47574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20326]
[[Page 47572]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2017-0349; FRL-9983-68--Region 7]
Approval of Missouri Air Quality Implementation Plans;
Redesignation of the Missouri Portion of the St. Louis-St. Charles-
Farmington, MO-IL 2008 Ozone Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to redesignate the Missouri portion of the St. Louis-St.
Charles-Farmington, MO-IL nonattainment area (``St. Louis area'' or
``area'') to attainment for the 2008 ozone National Ambient Air Quality
Standard (NAAQS). EPA is also approving, as a revision to the Missouri
State Implementation Plan (SIP), the state's plan for maintaining the
2008 8-hour ozone NAAQS through 2030. Finally, EPA finds adequate and
is approving, as a SIP revision, the State's 2030 volatile organic
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (MVEBs) for the Missouri portion of the St. Louis
area. The Missouri Department of Natural Resources (MDNR) submitted
this request on September 12, 2016, with a supplemental submission on
February 16, 2018. EPA addressed the Illinois portion of the St. Louis
area in a separate rulemaking action published in the Federal Register
on March 1, 2018.
DATES: This final rule is effective on September 20, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0349. 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., 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: 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:
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
This final rulemaking takes final action on submissions from MDNR
dated September 12, 2016, and supplemented on February 16, 2018,
requesting redesignation of the Missouri portion of the St. Louis area
attainment for the 2008 ozone NAAQS. The background for this action is
discussed in detail in EPA's proposed rulemaking published in the
Federal Register on June 25, 2018 (83 FR 29486). In that proposed
rulemaking we noted, under EPA's regulations at 40 CFR part 50, the
2008 8-hour ozone NAAQS is attained when the three-year average of the
annual fourth highest daily maximum 8-hour average concentration is
equal to or less than 0.075 ppm at all of the ozone monitoring sites in
the area. See 40 CFR 50.15 and appendix P to 40 CFR part 50. Under the
CAA, EPA may redesignate nonattainment areas to attainment if
sufficient complete, quality-assured data are available to determine
that the area has attained the standard and if it meets the other CAA
redesignation requirements in section 107(d)(3)(E). The proposed rule
provides a detailed discussion of how Missouri has met these CAA
requirements.
As discussed in the June 25, 2018, proposal, quality-assured and
certified monitoring data for 2013-2015 show that the St. Louis area
has attained the 2008 ozone standard. In the maintenance plan submitted
for the area, Missouri has demonstrated that the ozone standard will be
maintained in the area through 2030. Finally, Missouri adopted 2030
MVEBs for its portion of the St. Louis area that are adequate and
supported by MDNR's maintenance demonstration.
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 June 27, 2016, to August 4, 2016, and received six comments
from three commenters. A public hearing was held on July 28, 2016.
III. EPA's Response to Comments
EPA provided a thirty-day review and comment period for the June
25, 2018 proposed rule. The comment period ended on July 25, 2018. EPA
received three sets of comments, specifically adverse comments from the
Missouri Department of Natural Resources (MDNR) and the Sierra Club.
Full sets of these comments are provided in the docket for this final
action. A summary of the adverse comments and EPA's responses are
provided below.
Comment: The commenter stated that Missouri's most recent
monitoring network plan was approved in 2017, as also stated in the
proposal. However, a footnote in the proposal references the 2016
monitoring network plan and the state's commitment to verified
attainment. The commenter is requesting the footnote reference be
changed to reflect the most recent approved plan.
EPA's Response: EPA agrees with the commenter that the most recent
monitoring network plan was approved on December 19, 2017, and Missouri
has committed to monitoring air quality for verification of continued
attainment. In this final rulemaking notice, we clarify that the
monitoring network plan used for verification of continued attainment
is the plan approved by EPA on December 19, 2017.
Comment: The commenter requested clarification on the source of the
2014 attainment inventory data, since the proposal states that data for
the 2014 attainment inventory was not interpolated between the 2011 and
2018 Ozone NAAQS Emissions Modeling platform inventories, because EPA's
National Emissions Inventory (NEI) was unavailable at the time of the
redesignation request.
EPA's Response: EPA agrees with the commenter that the Agency's
2014 NEI was not available at the time Missouri submitted its request
for redesignation. EPA also agrees that Missouri did not interpolate
data between 2011 and 2018 to create inventories for 2014. The state
used Missouri-specific 2014 emissions data for the 2014 attainment
year. As indicated in the proposal both NOX and VOC
emissions decreased from the base year to the attainment year and helps
adequately demonstrate that
[[Page 47573]]
improvement in air quality is due to permanent and enforceable emission
reductions.
Comment: The commenter stated that EPA should not take final action
to approve the redesignation of the St. Louis area to attainment
because the state's data indicate most monitoring sites in the
nonattainment area have exceeded the 2008 ozone NAAQS in just the first
half of the 2018 ozone season, and that past improvements cannot be
reasonably attributed to permanent and enforceable reductions in
emissions because of regular exceedances of the 2008 NAAQS at
monitoring sites.
EPA's Response: Section 107(d)(3)(E) of the CAA allows
redesignation of a nonattainment area to attainment of the NAAQS
provided that: (1) The Administrator determines that the area has
attained the NAAQS; (2) the Administrator has fully approved the
applicable implementation plan for the area under section 110(k) of the
CAA; (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP, applicable Federal
air pollutant control regulations, and other permanent and enforceable
emission reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A of the CAA; and (5) the state containing the area has met all
requirements applicable to the area for the purposes of redesignation
under section 110 and part D of the CAA. Specifically, the CAA section
107(d)(3)(E)(i) requires EPA to determine that the area has attained
the applicable NAAQS. An area is attaining the 2008 ozone NAAQS if it
meets the 2008 ozone NAAQS, as determined in accordance with 40 CFR
50.15 and appendix P of part 50, based on three complete, consecutive
calendar years of quality assured air quality data for all monitoring
sites in the area. To attain the NAAQS, the three-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentrations
(ozone design values) at each monitor must not exceed 0.075 ppm. EPA
disagrees with the commenter that final action should not be taken to
redesignate the St. Louis area due to data indicating exceedances at
monitoring sites in the area.
EPA's proposed rulemaking was based on quality assured data from
2013-2015 which demonstrated that the St. Louis area is attaining the
2008 ozone NAAQS. In addition, 2014-2016 and 2015-2017 data confirm
that the area continues to attain that NAAQS. EPA's ozone season runs
from March-October and data collected thus far in 2018 has yet to be
quality assured or certified by the state. Individual readings at air
quality monitors that exceed the level of the NAAQS do not mean that an
area is no longer attaining the NAAQS. In part because ozone
concentrations are influenced by meteorology and subject to variable
conditions, attainment of the 2008 ozone NAAQS is measured using the
three-year average design value at all monitoring sites in the area.
Moreover, as stated in the proposal, the St. Louis area has also shown
a decrease in both NOX and VOC emissions which indicates
that improvement in air quality is due to permanent and enforceable
emission reductions, rather than temporary conditions.
IV. What action is EPA taking?
EPA has determined that the Missouri portion of the St. Louis
nonattainment area is attaining the 2008 ozone standard based on
quality-assured and certified monitoring data for 2013-2015 and that
the Missouri portion of the St. Louis area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA.
EPA is thus approving the state's request to change the designation
of the Missouri portion of the St. Louis area for the 2008 ozone
standard from nonattainment to attainment. EPA is also approving, as a
revision to the Missouri SIP, the state's maintenance plan for the
area. The maintenance plan is designed to keep the Missouri portion of
the St. Louis area in attainment of the 2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is approving the newly-established 2030
MVEBs for the Missouri portion of the St. Louis area.
EPA has determined that these actions are effective immediately
upon publication under the authority of 5 U.S.C. 553(d). The purpose of
the thirty-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Section 553(d)(1) allows an
effective date less than thirty days after publication if a substantive
rule ``relieves a restriction.'' These actions qualify for the
exception under section 553(d)(1) because they relieve the State of
various requirements for the Area. Furthermore, section 553(d)(3)
allows an effective date less than thirty days after publication ``as
otherwise provided by the agency for good cause found and published
with the rule.'' EPA finds good cause to make these actions effective
immediately pursuant to section 553(d)(3) because they do not create
any new regulatory requirements such that affected parties would need
time to prepare before the actions take effect.
V. 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 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 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).
[[Page 47574]]
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, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 13, 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. Amend Sec. 52.1342 by adding paragraph (e) to read as follows:
Sec. 52.1342 Control strategy: Ozone.
* * * * *
(e) Redesignation to attainment. On September 12, 2016, and
February 16, 2018, Missouri submitted requests to redesignate its
portion of the St. Louis MO-IL area to attainment of the 2008 ozone
standard. The Missouri portion of the St. Louis MO-IL area includes
Jefferson, Franklin, St. Charles, and St. Louis Counties along with the
City of St. Louis. As part of the redesignation request, the State
submitted a plan for maintaining the 2008 ozone standard through 2030
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-St.
Charles-Farmington, MO-IL'' in the table entitled ``Missouri--2008 8-
Hour Ozone NAAQS (Primary and Secondary)'' to read as follows:
Sec. 81.326 Missouri.
* * * * *
Missouri--2008 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
St. Louis-St. Charles-
Farmington, MO-IL \2\:
Franklin County............. 9/20/2018 Attainment.
Jefferson County............ 9/20/2018 Attainment.
St. Charles County.......... 9/20/2018 Attainment.
St. Louis County............ 9/20/2018 Attainment.
St. Louis City.............. 9/20/2018 Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
* * * * *
[FR Doc. 2018-20326 Filed 9-19-18; 8:45 am]
BILLING CODE 6560-50-P
