Air Plan Approval; Missouri; Emissions Inventory for the Missouri Jackson County and Jefferson County 2010 Sulfur Dioxide National Ambient Air Quality Standard Nonattainment Areas, 59348-59350 [2018-25553]
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules
amounts described in paragraphs
(e)(3)(i) and (ii) of this section.
(i) For any decedent dying in calendar
year 2011 or thereafter, $5,000,000; and
(ii) For any decedent dying after
calendar year 2011, $5,000,000
multiplied by the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year of
decedent’s death by substituting
‘‘calendar year 2010’’ for ‘‘calendar year
2016’’ in section 1(f)(3)(A)(ii) and
rounded to the nearest multiple of
$10,000.
(iii) In the case of the estates of
decedents dying after December 31,
2017, and before January 1, 2026,
paragraphs (e)(3)(i) and (ii) of this
section will be applied by substituting
‘‘$10,000,000’’ for ‘‘$5,000,000.’’
(f) Applicability dates—(1) In general.
Except as provided in paragraph (f)(2) of
this section, this section applies to the
estates of decedents dying after June 11,
2015. For the rules applicable to estates
of decedents dying after December 31,
2010, and before June 12, 2015, see
§ 20.2010–1T, as contained in 26 CFR
part 20, revised as of April 1, 2015.
(2) Exceptions. Paragraph (c) of this
section applies to estates of decedents
dying on and after the date of
publication of a Treasury decision
adopting these rules as final regulations.
Paragraph (e)(3) of this section applies
to the estates of decedents dying after
December 31, 2017.
§ 20.2010–3
[Amended]
Par. 3. Section 20.2010–3 is amended
by removing ‘‘§ 20.2010–1(d)(5)’’
wherever it appears and adding in its
place ‘‘§ 20.2010–1(e)(5)’’.
■
Kirsten Wielobob,
Deputy Commissioner for Service and
Enforcement.
Table of Contents
I. Written Comments
II. Background Information
III. Have the requirements for approval of a
SIP revision been met?
IV. What is the EPA’s analysis of the SIP
revision submissions?
V. What action is the EPA taking?
VI. Statutory and Executive Order reviews
[FR Doc. 2018–25538 Filed 11–20–18; 4:15 pm]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R07–OAR–2018–0700; FRL–9986–80–
Region 7]
Air Plan Approval; Missouri;
Emissions Inventory for the Missouri
Jackson County and Jefferson County
2010 Sulfur Dioxide National Ambient
Air Quality Standard Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is proposing to approve
two submissions from the Missouri
Department of Natural Resources
(MoDNR) revising the State
Implementation Plan (SIP) for the State
of Missouri. The SIP revision
submissions address the Clean Air Act
(CAA) section 172 requirement to
submit a base year emissions inventory
for Missouri’s partial Jackson County
and partial Jefferson County
nonattainment areas of the 2010 1-hour
Sulfur Dioxide (SO2) National Ambient
Air Quality Standard (NAAQS).
DATES: Comments must be received on
or before December 24, 2018.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2018–0700 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Tracey Casburn, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219, by
telephone at (913) 551–7016, or by
email at casburn.tracey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2018–
0700, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. Background Information
On June 22, 2010, the EPA
promulgated a new 1-hour primary SO2
NAAQS of 75 parts per billion (ppb).
See 75 FR 35520, codified at 40 CFR
50.17(a)–(b). On August 5, 2013, the
EPA finalized designations for the 2010
SO2 NAAQS, including the partial
Jackson County and partial Jefferson
County nonattainment areas in the State
of Missouri. See 78 FR 47191, codified
at 40 CFR part 81, subpart C. These area
designations were effective October 4,
2013. Section 191 of the CAA directs
states to submit SIP revisions for areas
designated as nonattainment for the SO2
NAAQS to the EPA within 18 months of
the effective date of the designation (i.e.,
no later than April 4, 2015). Submittal
of the state’s nonattainment plan SIP
revision submissions is discussed in
more detail in the ‘‘Have the
requirements for approval of a SIP
revision been met?’’ section of this
document.
CAA section 172(c)(3) requires states
to develop and submit a comprehensive,
accurate, current emissions inventory
for all areas designated as
nonattainment. An emissions inventory
is an estimation of actual emissions of
air pollutants in an area that provides
data for a variety of air quality planning
tasks including establishing baseline
emission levels, calculating Federally
required emission reduction targets,
emission inputs into air quality
simulation models, and for tracking
emissions over time. The EPA’s April
2014 guidance document ‘‘Guidance for
1-Hour SO2 Nonattainment Area SIP
Submissions’’ (April 2014 guidance)
recommends that the state develop an
accurate emissions inventory of current
emissions for all sources of SO2 (i.e.,
point, area and mobile sources) within
the nonattainment area as well as any
sources located outside the
nonattainment area which may affect
attainment in the area.1
1 See
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page 8 of the April 2014 guidance.
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules
The EPA has reviewed the state’s
emission inventory SIP revision
submissions and is proposing to
approve the SIP revision submissions
pursuant to sections 110, 191(a), and
172(c)(3) of the CAA.
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III. Have the requirements for approval
of a SIP revision been met?
The baseline emissions inventory for
the Jackson County SO2 nonattainment
area was included in MoDNR’s October
2015 SIP revision submission
‘‘Nonattainment Area Plan for the 2010
1-Hour Sulfur Dioxide National
Ambient Air Quality Standard—Jackson
County Sulfur Dioxide Nonattainment
Area’’ which met the public notice
requirements for a SIP revision
submission in accordance with 40 CFR
51.102.2 The MoDNR provided public
notice of the SIP revision submission
from March 22, 2015 to July 2, 2015,
and held a public hearing on June 25,
2015. The MoDNR received oral
comments from three sources during the
hearing and written comments from
three sources prior to the close of the
public comment period.3
The baseline emissions inventory for
the Jefferson County SO2 nonattainment
area was included in MoDNR’s June
2015 SIP revision submission
‘‘Nonattainment Area Plan for the 2010
1-Hour Sulfur Dioxide National
Ambient Air Quality Standard—
Jefferson County Sulfur Dioxide
Nonattainment Area’’ which met the
public notice requirements for a SIP
revision submission in accordance with
40 CFR 51.102.4 The MoDNR provided
public notice of the SIP revision
submission from March 26, 2015 to May
7, 2015, and held a public hearing on
April 30, 2015. The MoDNR received
oral comments from seven sources
during the hearing and written
comments from three sources prior to
the close of the public comment
period.5
None of the comments the state
received were directly related to the
baseline year emissions inventories,
therefore no changes were made to the
baseline emmisions inventories prior to
2 The MoDNR withdrew the ‘‘Nonattainment Area
Plan for the 2010 1-Hour Sulfur Dioxide National
Ambient Air Quality Standard—Jackson County
Sulfur Dioxide Nonattainment Area’’ SIP
submission, except the EI, from the EPA’s
consideration on June 11, 2018.
3 The Sierra Club submitted letters from 78
citizens.
4 The MoDNR withdrew the National Ambient
Air Quality Standard—Jefferson County Sulfur
Dioxide Nonattainment Area’’ SIP submission,
except the EI, from the EPA’s consideration on
March 30, 2018.
5 The Sierra Club submitted postcards and
signatures from 240 citizens.
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submitting the SIP revision submissions
to the EPA. The emissions inventory SIP
revision submissions meet the
procedural requirements for SIP
submittals in the CAA, including
section 110 and implementing
regulations.
59349
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act (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
IV. What is the EPA’s analysis of the
submissions, EPA’s role is to approve
SIP revision submissions?
state choices, provided that they meet
The baseline emissions inventory in
the criteria of the CAA. Accordingly,
both SIP revision submissions was taken this action merely approves state law as
meeting Federal requirements and does
from the 2011 National Emissions
not impose additional requirements
Inventory (NEI) database. The MoDNR
beyond those imposed by state law. For
developed a comprehensive statewide
that reason, this action:
emissions inventory for 2011 as
• Is not a significant regulatory action
required by the EPA’s Air Emissions
subject to review by the Office of
Reporting Requirements (AERR) rule.
Management and Budget under
See 73 FR 76539 codified at 40 CFR
Executive Orders 12866 (58 FR 51735,
51.1–51.50. The inventory was
October 4, 1993) and 13563 (76 FR 3821,
submitted to the NEI through the EPA’s
January 21, 2011);
Emission Inventory System (EIS). The
• Is not an Executive Order 13771 (82
2011 baseline emissions inventory in
both SIP revision submissions included FR 9339, February 2, 2017) regulatory
action because SIP approvals are
point, area (or nonpoint), and mobile
exempted under Executive Order 12866.
emissions sources of SO2 in accordance
• Does not impose an information
with the EPA’s April 2014 Guidance.
collection burden under the provisions
Both 2011 baseline emissions SIP
of the Paperwork Reduction Act (44
revision submissions were county wide
U.S.C. 3501 et seq.);
(i.e., not limited to the partial county
• Is certified as not having a
nonattainment boundary) and SO2
emissions data was reported in tons per significant economic impact on a
substantial number of small entities
year (tpy).6
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
TABLE 1—COUNTY WIDE 2011
• Does not contain any unfunded
BASELINE SO2 EMISSIONS
mandate or significantly or uniquely
[Tpy]
affect small governments, as described
in the Unfunded Mandates Reform Act
Jackson
Jefferson
Emission category
of 1995 (Pub. L. 104–4);
County
County
• Does not have Federalism
Point Source .........
27,513
43,713 implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
Area (Nonpoint)
Source ...............
92
51 1999);
Mobile Source .......
92
27
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
V. What action is the EPA taking?
13045 (62 FR 19885, April 23, 1997);
The EPA is proposing to approve the
• Is not a significant regulatory action
two SIP revision submissions from the
subject to Executive Order 13211 (66 FR
MoDNR addressing the CAA section
28355, May 22, 2001);
172(c)(3) requirement to submit a base
• Is not subject to requirements of the
year emissions inventory for Missouri’s
National Technology Transfer and
partial Jackson County and partial
Advancement Act (NTTA) because this
Jefferson County nonattainment areas of rulemaking does not involve technical
the 2010 1-hour SO2 NAAQS. The EPA
standards; and
proposes that these emission inventory
• Does not provide EPA with the
SIP revision submissions were
discretionary authority to address, as
submitted in accordance with sections
appropriate, disproportionate human
110, 191(a), and 172(c)(3) of the CAA.
health or environmental effects, using
Final rulemaking will occur after
practicable and legally permissible
consideration of any comments.
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
6 The MoDNR developed separate model input
The SIP is not approved to apply on
inventories based on 2012 emissions that included
any Indian reservation land or in any
sources inside of and outside of the nonattainment
other area where EPA or an Indian tribe
areas. Nonpoint and mobile sources emissions were
has demonstrated that a tribe has
considered part of the background in the modeling
scenarios.
jurisdiction. In those areas of Indian
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules
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).
Dated: November 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Emissions Inventory,
Incorporation by reference, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et. seq.
Subpart—AA Missouri
For the reasons stated in the
preamble, the EPA proposes to amend
part 52 as set forth below:
2. Amend the table in § 52.1320,
paragraph (e) by adding new entries
‘‘(76)’’ and ‘‘(77)’’ in numerical order to
read as follows:
■
§ 52.1320
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of Plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP
provision
Applicable
geographic or
nonattainment area
*
*
(76) Jackson County 1-Hour
SO2 NAA Baseline Emissions Inventory.
*
Jackson County ......................
*
10/15/2015
(77) Jefferson County 1-Hour
SO2 NAA Baseline Emissions Inventory.
Jefferson County .....................
6/1/2015
[FR Doc. 2018–25553 Filed 11–21–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R06–OAR–2018–0624; FRL–9986–54–
Region 6]
Air Quality Designation for the 2010
Sulfur Dioxide (SO2) Primary National
Ambient Air Quality Standard;
Arkansas; Redesignation of the
Independence County Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On April 20, 2018, the State
of Arkansas (AR), through the Arkansas
Department of Environmental Quality
(ADEQ) submitted a request for the
Environmental Protection Agency (EPA)
to assess new available information and
redesignate the Independence County,
AR unclassifiable area (hereinafter
referred to as the ‘‘County’’ or ‘‘Area’’)
for the 2010 sulfur dioxide (SO2)
primary national ambient air quality
standard (NAAQS) to attainment/
unclassifiable. The EPA is proposing
that it now has sufficient information to
determine that the Area is attaining the
2010 SO2 primary NAAQS, and,
therefore, is proposing to approve the
State’s request and redesignate the Area
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
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State
submittal date
EPA approval date
Explanation
*
*
[Date of publication of the final
rule in the Federal Register], [Federal Register citation of the final rule].
[Date of publication of the final
rule in the Federal Register], [Federal Register citation of the final rule].
*
[EPA–R07–OAR–2018–
0700; FRL–9986–80–Region 7].
to attainment/unclassifiable for the 2010
primary SO2 NAAQS.
DATES: Comments must be received on
or before December 24, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2018–0624 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr.
Ruben Casso, (214) 665–6763,
PO 00000
Frm 00033
Fmt 4702
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[EPA–R07–OAR–2018–
0700; FRL–9986–80–Region 7].
casso.ruben@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Mr. Casso.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ means the EPA.
I. Background
The Clean Air Act (CAA or Act)
establishes a process for air quality
management through the establishment
and implementation of the NAAQS.
After the promulgation of a new or
revised NAAQS, EPA is required to
designate all areas of the country,
pursuant to section 107(d)(1) of the
CAA. For the 2010 SO2 primary
NAAQS, designations were based on the
EPA’s application of the nationwide
analytical approach to, and technical
assessment of, the weight of evidence
for each area, including but not limited
to available air quality monitoring data
and air quality modeling results. The
EPA issued updated designations
guidance through a March 20, 2015,
memorandum from Stephen D. Page,
Director, U.S. EPA, Office of Air Quality
Planning and Standards, to Air Division
Directors, U.S. EPA Regions 1–10 titled,
‘‘Updated Guidance for Area
Designations for the 2010 Primary
Sulfur Dioxide National Ambient Air
Quality Standard,’’ which contains the
factors the EPA intends to evaluate in
determining the appropriate
designations and associated boundaries,
including: (1) Air quality
E:\FR\FM\23NOP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Proposed Rules]
[Pages 59348-59350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25553]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2018-0700; FRL-9986-80-Region 7]
Air Plan Approval; Missouri; Emissions Inventory for the Missouri
Jackson County and Jefferson County 2010 Sulfur Dioxide National
Ambient Air Quality Standard Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve two submissions from the Missouri Department of Natural
Resources (MoDNR) revising the State Implementation Plan (SIP) for the
State of Missouri. The SIP revision submissions address the Clean Air
Act (CAA) section 172 requirement to submit a base year emissions
inventory for Missouri's partial Jackson County and partial Jefferson
County nonattainment areas of the 2010 1-hour Sulfur Dioxide
(SO2) National Ambient Air Quality Standard (NAAQS).
DATES: Comments must be received on or before December 24, 2018.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0700 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219, by telephone at (913) 551-7016, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. Background Information
III. Have the requirements for approval of a SIP revision been met?
IV. What is the EPA's analysis of the SIP revision submissions?
V. What action is the EPA taking?
VI. Statutory and Executive Order reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0700, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. Background Information
On June 22, 2010, the EPA promulgated a new 1-hour primary
SO2 NAAQS of 75 parts per billion (ppb). See 75 FR 35520,
codified at 40 CFR 50.17(a)-(b). On August 5, 2013, the EPA finalized
designations for the 2010 SO2 NAAQS, including the partial
Jackson County and partial Jefferson County nonattainment areas in the
State of Missouri. See 78 FR 47191, codified at 40 CFR part 81, subpart
C. These area designations were effective October 4, 2013. Section 191
of the CAA directs states to submit SIP revisions for areas designated
as nonattainment for the SO2 NAAQS to the EPA within 18
months of the effective date of the designation (i.e., no later than
April 4, 2015). Submittal of the state's nonattainment plan SIP
revision submissions is discussed in more detail in the ``Have the
requirements for approval of a SIP revision been met?'' section of this
document.
CAA section 172(c)(3) requires states to develop and submit a
comprehensive, accurate, current emissions inventory for all areas
designated as nonattainment. An emissions inventory is an estimation of
actual emissions of air pollutants in an area that provides data for a
variety of air quality planning tasks including establishing baseline
emission levels, calculating Federally required emission reduction
targets, emission inputs into air quality simulation models, and for
tracking emissions over time. The EPA's April 2014 guidance document
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions'' (April 2014 guidance) recommends that the state develop
an accurate emissions inventory of current emissions for all sources of
SO2 (i.e., point, area and mobile sources) within the
nonattainment area as well as any sources located outside the
nonattainment area which may affect attainment in the area.\1\
---------------------------------------------------------------------------
\1\ See page 8 of the April 2014 guidance.
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[[Page 59349]]
The EPA has reviewed the state's emission inventory SIP revision
submissions and is proposing to approve the SIP revision submissions
pursuant to sections 110, 191(a), and 172(c)(3) of the CAA.
III. Have the requirements for approval of a SIP revision been met?
The baseline emissions inventory for the Jackson County
SO2 nonattainment area was included in MoDNR's October 2015
SIP revision submission ``Nonattainment Area Plan for the 2010 1-Hour
Sulfur Dioxide National Ambient Air Quality Standard--Jackson County
Sulfur Dioxide Nonattainment Area'' which met the public notice
requirements for a SIP revision submission in accordance with 40 CFR
51.102.\2\ The MoDNR provided public notice of the SIP revision
submission from March 22, 2015 to July 2, 2015, and held a public
hearing on June 25, 2015. The MoDNR received oral comments from three
sources during the hearing and written comments from three sources
prior to the close of the public comment period.\3\
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\2\ The MoDNR withdrew the ``Nonattainment Area Plan for the
2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard--
Jackson County Sulfur Dioxide Nonattainment Area'' SIP submission,
except the EI, from the EPA's consideration on June 11, 2018.
\3\ The Sierra Club submitted letters from 78 citizens.
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The baseline emissions inventory for the Jefferson County
SO2 nonattainment area was included in MoDNR's June 2015 SIP
revision submission ``Nonattainment Area Plan for the 2010 1-Hour
Sulfur Dioxide National Ambient Air Quality Standard--Jefferson County
Sulfur Dioxide Nonattainment Area'' which met the public notice
requirements for a SIP revision submission in accordance with 40 CFR
51.102.\4\ The MoDNR provided public notice of the SIP revision
submission from March 26, 2015 to May 7, 2015, and held a public
hearing on April 30, 2015. The MoDNR received oral comments from seven
sources during the hearing and written comments from three sources
prior to the close of the public comment period.\5\
---------------------------------------------------------------------------
\4\ The MoDNR withdrew the National Ambient Air Quality
Standard--Jefferson County Sulfur Dioxide Nonattainment Area'' SIP
submission, except the EI, from the EPA's consideration on March 30,
2018.
\5\ The Sierra Club submitted postcards and signatures from 240
citizens.
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None of the comments the state received were directly related to
the baseline year emissions inventories, therefore no changes were made
to the baseline emmisions inventories prior to submitting the SIP
revision submissions to the EPA. The emissions inventory SIP revision
submissions meet the procedural requirements for SIP submittals in the
CAA, including section 110 and implementing regulations.
IV. What is the EPA's analysis of the SIP revision submissions?
The baseline emissions inventory in both SIP revision submissions
was taken from the 2011 National Emissions Inventory (NEI) database.
The MoDNR developed a comprehensive statewide emissions inventory for
2011 as required by the EPA's Air Emissions Reporting Requirements
(AERR) rule. See 73 FR 76539 codified at 40 CFR 51.1-51.50. The
inventory was submitted to the NEI through the EPA's Emission Inventory
System (EIS). The 2011 baseline emissions inventory in both SIP
revision submissions included point, area (or nonpoint), and mobile
emissions sources of SO2 in accordance with the EPA's April
2014 Guidance. Both 2011 baseline emissions SIP revision submissions
were county wide (i.e., not limited to the partial county nonattainment
boundary) and SO2 emissions data was reported in tons per
year (tpy).\6\
---------------------------------------------------------------------------
\6\ The MoDNR developed separate model input inventories based
on 2012 emissions that included sources inside of and outside of the
nonattainment areas. Nonpoint and mobile sources emissions were
considered part of the background in the modeling scenarios.
Table 1--County Wide 2011 Baseline SO2 Emissions
[Tpy]
------------------------------------------------------------------------
Jackson Jefferson
Emission category County County
------------------------------------------------------------------------
Point Source.................................... 27,513 43,713
Area (Nonpoint) Source.......................... 92 51
Mobile Source................................... 92 27
------------------------------------------------------------------------
V. What action is the EPA taking?
The EPA is proposing to approve the two SIP revision submissions
from the MoDNR addressing the CAA section 172(c)(3) requirement to
submit a base year emissions inventory for Missouri's partial Jackson
County and partial Jefferson County nonattainment areas of the 2010 1-
hour SO2 NAAQS. The EPA proposes that these emission
inventory SIP revision submissions were submitted in accordance with
sections 110, 191(a), and 172(c)(3) of the CAA. Final rulemaking will
occur after consideration of any comments.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (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 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).
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
[[Page 59350]]
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Emissions
Inventory, Incorporation by reference, Sulfur oxides.
Dated: November 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
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. Amend the table in Sec. 52.1320, paragraph (e) by adding new
entries ``(76)'' and ``(77)'' in numerical order to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or State
Name of nonregulatory SIP provision nonattainment area submittal date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
(76) Jackson County 1-Hour SO2 NAA Jackson County........... 10/15/2015 [Date of publication of [EPA-R07-OAR-2018-0700; FRL-9986-80-Region
Baseline Emissions Inventory. the final rule in the 7].
Federal Register],
[Federal Register
citation of the final
rule].
(77) Jefferson County 1-Hour SO2 NAA Jefferson County......... 6/1/2015 [Date of publication of [EPA-R07-OAR-2018-0700; FRL-9986-80-Region
Baseline Emissions Inventory. the final rule in the 7].
Federal Register],
[Federal Register
citation of the final
rule].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-25553 Filed 11-21-18; 8:45 am]
BILLING CODE 6560-50-P
