Air Plan Approval; Missouri Redesignation Request and Associated Maintenance Plan for the Jackson County 2010 SO2, 59075-59084 [2021-22746]
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Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Proposed Rules
accordance with CAA section 172(c)(3),
and because EGLE adopted the emission
inventories after providing for
reasonable public notice. EPA also
proposes to approve the certification of
Michigan’s fully approved NSR
program, which was approved by the
EPA into the SIP on December 16, 2013
(78 FR 76064) and meets the
requirements of CAA section 172(c)(5).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, sulfur oxides.
Dated: October 19, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–23116 Filed 10–25–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R07–OAR–2021–0667; FRL–9105–01–
R7]
Air Plan Approval; Missouri
Redesignation Request and
Associated Maintenance Plan for the
Jackson County 2010 SO2 1-Hour
NAAQS Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On February 18, 2021, the
State of Missouri submitted a request for
the Environmental Protection Agency
(EPA) to redesignate the Jackson
County, Missouri, 2010 1-hour sulfur
dioxide (SO2) National Ambient Air
Quality Standard (NAAQS)
nonattainment area to attainment and
approve a State Implementation Plan
(SIP) revision containing a maintenance
plan for the area. The State provided a
supplement to the maintenance plan on
September 7, 2021. In response to these
submittals, the EPA is proposing to take
the following actions: Approve the
State’s plan for maintaining attainment
of the 2010 1-hour SO2 primary
standard in the area; and approve the
State’s request to redesignate the
Jackson County SO2 nonattainment area
to attainment for the 2010 1-hour SO2
primary standard. This redesignation
action, if finalized, will address the
EPA’s obligation under a consent decree
which establishes a deadline of March
31, 2022 for the EPA to determine under
Clean Air Act (CAA) section 179(c)
SUMMARY:
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59075
whether the Jackson County SO2
nonattainment area attained the NAAQS
by the October 4, 2018 attainment date.
DATES: Comments must be received on
or before November 26, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0667 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:
Wendy Vit, Environmental Protection
Agency, Region 7 Office, Air Quality
Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7697 or by email at
vit.wendy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. Have the requirements for approval of a
SIP revision been met?
III. What is the background for the EPA’s
proposed actions?
IV. What are the criteria for redesignation?
V. What is the EPA’s analysis of the request?
VI. What are the actions the EPA is proposing
to take?
VII. Environmental Justice Concerns
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
0667, 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
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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. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The February 18, 2021
SIP submittal included a redesignation
request and a maintenance plan,
consisting of a maintenance
demonstration based on air dispersion
modeling, an attainment emissions
inventory, contingency plan and other
required elements. The State provided
public notice on the February 18, 2021
SIP submittal from November 2, 2020 to
December 10, 2020 and held a public
hearing on December 3, 2020. The State
received and addressed three comments
from one source (the EPA). The State
revised the maintenance plan based on
public comment prior to submitting to
the EPA.
On September 7, 2021, Missouri
submitted a supplement to the
maintenance plan consisting of a
Consent Agreement between Missouri
and Vicinity Energy—Kansas City
(Vicinity, formerly Veolia-Kansas City)
and an updated air dispersion modeling
demonstration to support the
redesignation. Missouri held a public
hearing for this maintenance plan
supplement on July 29, 2021 and made
the supplement available for public
review and comment from June 28, 2021
through August 5, 2021. Missouri did
not receive any public comments.
In addition, as explained in later
sections (and in more detail in the
technical support document (TSD)
which is included in the docket for this
action), the maintenance plan meets the
substantive SIP requirements of the
Clean Air Act (CAA), including section
110 and implementing regulations.
III. What is the background for the
EPA’s proposed actions?
On June 22, 2010, the EPA revised the
primary SO2 NAAQS, establishing a
new 1-hour standard of 75 parts per
billion (ppb).1 Under the EPA’s
regulations at 40 CFR part 50, the 2010
1-hour SO2 NAAQS is met at a
monitoring site when the 3-year average
of the annual 99th percentile of daily
1 See
75 FR 35520 (June 22, 2010).
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maximum 1-hour average
concentrations is less than or equal to
75 ppb (based on the rounding
convention in 40 CFR part 50, appendix
T).2 Ambient air quality monitoring data
for the 3-year period must meet a data
completeness requirement. A year meets
data completeness requirements when
all four quarters are complete, and a
quarter is complete when at least 75
percent of the sampling days for each
quarter have complete data. A sampling
day has complete data if 75 percent of
the hourly concentration values,
including State-flagged data affected by
exceptional events which have been
approved for exclusion by the
Administrator, are reported.3
Upon promulgation of a new or
revised NAAQS, the CAA requires the
EPA to designate as nonattainment any
area that does not meet (or that
contributes to ambient air quality in a
nearby area that does not meet) the
NAAQS.4 On August 5, 2013, the EPA
designated a portion of Jackson County,
Missouri, as nonattainment in Round 1
of the designations for the 2010 1-hour
primary SO2 NAAQS, effective October
4, 2013.5 The designation was based on
2009–2011 monitoring data from the
Troost monitor in Kansas City, Missouri,
showing violations of the standard (see
section V of this document for
additional monitoring information).
This action established an attainment
date five years after the effective date of
designation for the Round 1
nonattainment areas for the 2010 SO2
NAAQS (i.e., by October 4, 2018). The
State was also required to submit a SIP
for the Jackson County SO2
nonattainment area to the EPA that
meets the requirements of CAA sections
110, 172(c) and 191–192 within 18
months following the October 4, 2013,
effective date of designation (i.e., by
April 4, 2015).
The State of Missouri submitted the
‘‘Nonattainment Area Plan for the 2010
1-Hour Sulfur Dioxide National
Ambient Air Quality Standard—Jackson
County Sulfur Dioxide Nonattainment
Area’’ on October 16, 2015, and
subsequently withdrew the plan on June
11, 2018, except for the baseline
emissions inventory.
On May 4, 2018, the State submitted
a request for the EPA to determine that
the Jackson County SO2 nonattainment
area attained the 2010 1-hour primary
SO2 NAAQS per the EPA’s Clean Data
Policy. The clean data policy represents
2 See
40 CFR 50.17.
CFR part 50, appendix T, section 3(b).
4 CAA section 107(d)(1)(A)(i).
5 78 FR 47191 (August 5, 2013), codified at 40
CFR 81.326.
3 40
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the EPA’s interpretation that certain
planning-related requirements of part D
of the Act, such as the attainment
demonstration, reasonably available
control measures (RACM), and
reasonable further progress (RFP), are
suspended for areas that are in fact
attaining the NAAQS. A determination
of attainment, or clean data
determination, does not constitute a
formal redesignation to attainment. If
the EPA subsequently determines that
an area is no longer attaining the
standard, those requirements that were
suspended by the clean data
determination are once again due.
On April 15, 2020, the EPA published
a notice of proposed rulemaking to
approve the State’s request for a clean
data determination.6 The proposal was
based on 2016–2018 monitoring data—
the Troost monitor design value (dv)
was 11 parts per billion (ppb)—and
modeling data (2016–2018 actual
emissions). After considering public
comments received, the EPA published
a Notice of Final Rulemaking (NFRM)
approving the State’s request for a clean
data determination in the Federal
Register on July 9, 2020.7
On February 18, 2021, the State
submitted a request for redesignation of
the Jackson County SO2 nonattainment
area to attainment and a SIP revision
containing a 10-year maintenance plan
for the area. On September 7, 2021, the
State submitted a supplement to the
maintenance plan, including a Consent
Agreement with Vicinity and an
updated modeling demonstration to
reflect the new fuel restrictions. This
proposal document discusses the EPA’s
review of the redesignation request, the
maintenance plan, and the
supplemental information and provides
support for the EPA’s proposed
approval of the maintenance plan and
request to redesignate the area to
attainment. Additional analysis of the
redesignation request, maintenance
plan, consent agreement, and
supplemental modeling information is
provided in a Technical Support
Document (TSD) included in the docket
to this proposed rulemaking.8
6 See
85 FR 20896.
85 FR 41193.
8 The TSD discusses the EPA’s review of some of
the CAA section 107(d)(3)(E) redesignation criteria:
107(d)(3)(E)(i) a determination of
attainment;107(d)(3)(E)(iii) a determination that the
improvement in air quality is due to permanent and
enforceable reductions in emissions; and
107(d)(3)(E)(iv) a fully approved maintenance plan
per CAA section 175A. The discussion also covers
some of the submitted maintenance plan’s
elements: (1) Attainment inventory; (2)
maintenance demonstration; and (3) continued
monitoring. The EPA’s review of the remaining
redesignation and maintenance plan criteria are
7 See
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This redesignation action, if finalized,
will address EPA’s obligation under a
consent decree in Center for Biological
Diversity, et al. v. Regan, which
establishes a deadline of March 31, 2022
for the EPA to determine under CAA
section 179(c) whether the Jackson
County SO2 nonattainment area attained
the NAAQS by the October 4, 2018
attainment date.9 Under the terms of the
consent decree, final redesignation of
the area to attainment before March 31,
2022, would automatically terminate the
EPA’s obligation to make this
determination under CAA section
179(c).
IV. What are the criteria for
redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation of a nonattainment area
provided that: (1) The Administrator
determines that the area has attained the
applicable NAAQS; (2) the
Administrator has fully approved the
applicable implementation plan for the
area under section 110(k); (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
and applicable federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and (5) the State containing such
area has met all requirements applicable
to the area under section 110 and part
D of the CAA.
V. What is the EPA’s analysis of the
request?
The EPA’s evaluation of Missouri’s
redesignation request and maintenance
plan is based on consideration of the
five redesignation criteria provided
under CAA section 107(d)(3)(E) and
relevant guidance. On April 16, 1992,
the EPA provided guidance on
redesignation in the General Preamble
for the Implementation of title I of the
CAA Amendments of 1990, and the EPA
supplemented this guidance on April
28, 1992.10 11 The EPA has provided
further guidance on processing
redesignation requests in several
guidance documents. For the purposes
of this action, the EPA will be
referencing two of these documents: (1)
The September 4, 1992 memo
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment’’
(Calcagni Memo); and (2) the EPA’s
April 23, 2014 memorandum ‘‘Guidance
for 1-Hour SO2 Nonattainment Area SIP
Submissions’’ (2014 SO2 Guidance).12
Criterion (1)—The Jackson County SO2
Nonattainment Area Has Attained the
2010 1-Hour SO2 NAAQS
For redesignating a nonattainment
area to attainment, the CAA requires the
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). The EPA
determined that the area attained the
2010 1-hour SO2 NAAQS in its July
2020 NFRM approving the State’s
request for a clean data determination
meeting the requirements of CAA
section 107(d)(3)(E)(i). That
determination was primarily based on
monitoring data and a modeling
analysis of recent actual emissions for
sources in and around the
nonattainment area. As described
further in the TSD for this action, the
February 2021 maintenance plan, as
well as the September 2021
supplemental maintenance plan
information, are based on modeling
demonstrations of permanent and
enforceable emissions for sources in the
nonattainment area that demonstrate the
area is attaining the standard. Therefore,
the EPA’s 2020 determination that the
area had achieved clean data is
consistent with the proposed action to
redesignate the area.
For this proposal, the EPA reviewed
quality assured monitoring data
recorded in the EPA’s Air Quality
System (AQS) from the Troost
monitoring station. The 3-year, 2018–
2020 design value for the Troost
monitor is 7 ppb, which continues to
meet the 2010 1-hour SO2 NAAQS, as
shown in Table 1. If the 3-year design
value violates the NAAQS prior to the
EPA acting in response to the State’s
request, the EPA will not take final
action to approve the redesignation
request.13 As discussed in more detail
later in this section, Missouri has
committed to continue monitoring in
this area in accordance with 40 CFR part
58.
TABLE 1—2015–2020 TROOST STREET MONITOR DATA (PARTS PER BILLION (ppb)); 99TH PERCENTILE (99TH %) AND 3YEAR DESIGN VALUE (dv)
2015
99th %
Site
Troost ................................................................................................
Criterion (2)—Missouri Has a Fully
Approved SIP Under Section 110(k);
and Criterion (5)—Missouri Has Met All
Applicable Requirements Under Section
110 and Part D of Title I of the CAA
For redesignating a nonattainment
area to attainment under a NAAQS, the
CAA requires the EPA to determine that
the State has met all applicable
requirements for that NAAQS under
section 110 and part D of title I of the
CAA (CAA section 107(d)(3)(E)(v)) and
sufficiently addressed in the preamble language to
this proposed rule.
9 Center for Biological Diversity, et al. v. Regan,
No. 3:20–cv–05436–EMC (N.D. Cal. June 25, 2021).
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I
142
2016
99th %
I
9.4
2017
99th %
I
18.4
2018
99th %
I
6.1
2019
99th %
I
that the State has a fully approved SIP
under section 110(k) for that NAAQS for
the area (CAA section 107(d)(3)(E)(ii)).
The EPA proposes to find that Missouri
has met all applicable SIP requirements
for purposes of redesignation for the
Jackson County SO2 nonattainment area
under section 110 of the CAA (general
SIP requirements). Additionally, the
EPA proposes to find that the Missouri
SIP satisfies the criterion that it meets
applicable SIP requirements for
purposes of redesignation under part D
10 See
11 See
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57 FR 13498.
57 FR 18070.
Frm 00036
Fmt 4702
6.5
2015–
2017
dv
2020
99th %
I
7.1
I
57
2016–
2018
dv
I
11
2017–
2019
dv
I
10
2018–
2020
dv
I
of title I of the CAA in accordance with
section 107(d)(3)(E)(v). Further, the EPA
proposes to determine that the SIP is
fully approved with respect to all
requirements applicable for the 2010 1hour SO2 NAAQS for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In proposing to
make these determinations, the EPA
ascertained which requirements are
applicable to the Jackson County SO2
nonattainment area and, if applicable,
12 https://www.epa.gov/sites/production/files/
2016-06/documents/20140423guidance_
nonattainment_sip.pdf.
13 See 2014 SO Guidance, at page 56.
2
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with the EPA’s existing policy on
applicability (i.e., for redesignations) of
conformity and oxygenated fuels
a. The Jackson County SO2
requirements, as well as with section
Nonattainment Area Has Met All
184 ozone transport requirements.14
Applicable Requirements Under Section
Title I, part D, applicable SIP
110 and Part D of the CAA
requirements. Section 172(c) of the CAA
General SIP requirements. General SIP sets forth the basic requirements of
elements and requirements are
attainment plans for nonattainment
delineated in section 110(a)(2) of title I,
areas that are required to submit them
part A of the CAA. These requirements
pursuant to section 172(b). Subpart 5 of
include, but are not limited to, the
part D, which includes section 191 and
following: Submittal of a SIP that has
192 of the CAA, establishes
been adopted by the State after
requirements for SO2, nitrogen dioxide
reasonable public notice and hearing;
and lead nonattainment areas. A
provisions for establishment and
thorough discussion of the requirements
operation of appropriate procedures
contained in section 172(c) can be found
needed to monitor ambient air quality;
in the General Preamble for
implementation of a source permit
Implementation of Title I.15
program; provisions for the
Section 172 and subpart 5
implementation of part C requirements
requirements. Section 172(c)(1) requires
(Prevention of Significant Deterioration
the plans for all nonattainment areas to
(PSD)) and provisions for the
provide for the implementation of all
implementation of part D requirements
RACM as expeditiously as practicable
(New Source Review (NSR) permit
and to provide for attainment of the
programs); provisions for air pollution
NAAQS. The EPA interprets this
modeling; and provisions for public and requirement to impose a duty on all
local agency participation in planning
nonattainment areas to consider all
and emissions control rule
available control measures and to adopt
development.
and implement such measures as are
Section 110(a)(2)(D) requires that SIPs reasonably available for implementation
contain certain measures to prevent
in each area as components of the area’s
sources in a State from significantly
attainment demonstration. Under
contributing to air quality problems in
section 172, States with nonattainment
another State. To implement this
areas must submit plans providing for
provision, the EPA has required certain
timely attainment and meeting a variety
States to establish programs to address
of other requirements.
the interstate transport of air pollutants.
The EPA’s longstanding interpretation
The section 110(a)(2)(D) requirements
of the nonattainment planning
for a State are not linked with a
requirements of section 172 is that once
nonattainment area’s designation and
an area is attaining the NAAQS, those
classification in that State. The EPA has requirements are not ‘‘applicable’’ for
determined that the requirements linked purposes of CAA section 107(d)(3)(E)(ii)
with a nonattainment area’s designation and (v) and therefore need not be
and classifications are the relevant
approved into the SIP before the EPA
measures to evaluate in reviewing a
can redesignate the area. In the 1992
redesignation request. The transport SIP General Preamble for Implementation of
submittal requirements, where
Title I, the EPA set forth its
applicable, continue to apply to a State
interpretation of applicable
regardless of the designation of any one
requirements for purposes of evaluating
area in the State. Thus, the EPA does
redesignation requests when an area is
attaining a standard.16 The EPA noted
not believe that the CAA’s interstate
that the requirements for RFP and other
transport requirements should be
construed to be applicable requirements measures designed to provide for
attainment do not apply in evaluating
for purposes of redesignation.
In addition, the EPA has determined
redesignation requests because those
that other section 110 elements that are
nonattainment planning requirements
neither connected with nonattainment
‘‘have no meaning’’ for an area that has
plan submissions nor linked with an
14 See Reading, Pennsylvania, proposed and final
area’s attainment status are not
applicable requirements for purposes of rulemakings (61 FR 53174–53176, October 10,
1996), (62 FR 24826, May 7, 2008); Clevelandredesignation. The area will still be
Akron-Loraine, Ohio, final rulemaking (61 FR
subject to these requirements after the
20458, May 7,1996); and Tampa, Florida, final
rulemaking at (60 FR 62748, December 7, 1995). See
area is redesignated. The section 110
also the discussion on this issue in the Cincinnati,
and part D requirements which are
Ohio, redesignation (65 FR 37890, June 19, 2000),
linked with an area’s designation and
and in the Pittsburgh, Pennsylvania, redesignation
classification are the relevant measures
(66 FR 50399, October 19, 2001).
15 See 57 FR 13498.
to evaluate in reviewing a redesignation
16 See 57 FR 13498, 13564.
request. This approach is consistent
that they are fully approved under
section 110(k).
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already attained the standard.17 This
interpretation was also set forth in the
Calcagni Memo. The EPA’s
interpretation of section 172 also forms
the basis of its Clean Data Policy, which
was articulated with regard to the 2010
1-hour SO2 NAAQS in the EPA’s 2014
SO2 Guidance, and suspends a State’s
obligation to submit most of the
attainment planning requirements that
would otherwise apply, including an
attainment demonstration and planning
SIPs to provide for RFP, RACM, and
contingency measures under section
172(c)(9). Courts have upheld the EPA’s
interpretation of section 172(c)(1) for
‘‘reasonably available’’ control measures
and control technology as meaning only
those controls that advance attainment,
which precludes the need to require
additional measures where an area is
already attaining.18
Therefore, because the Jackson
County SO2 nonattainment area is
currently attaining the 2010 1-hour SO2
NAAQS, no additional measures are
needed to provide for attainment, and
section 172(c)(1) requirements for an
attainment demonstration and RACM
are not part of the ‘‘applicable
implementation plan’’ required to have
been approved prior to redesignation
per CAA section 107(d)(3)(E)(ii) and (v).
The other section 172 requirements that
are designed to help an area achieve
attainment—the section 172(c)(2)
requirement that nonattainment plans
contain provisions promoting
reasonable further progress, the
requirement to submit the section
172(c)(9) contingency measures, and the
section 172(c)(6) requirement for the SIP
to contain control measures necessary to
provide for attainment of the NAAQS—
are also not required to be approved as
part of the ‘‘applicable implementation
plan’’ for purposes of satisfying CAA
section 107(d)(3)(E)(ii) and (v).
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate, and current inventory of actual
emissions. The requirement for an
emissions inventory can be satisfied by
meeting the inventory requirements of
the maintenance plan.19 However, when
the State withdrew its attainment plan
for the area in June 2018, it did not
withdraw the baseline emissions
inventory submitted with that plan. On
November 23, 2018, the EPA published
a notice of proposed rulemaking in the
17 Id.
18 NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir.
2009); Sierra Club v. EPA, 294 F.3d 155, 162 (D.C.
Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744
(5th Cir. 2002); Sierra Club v. EPA, 375 F.3d 537
(7th Cir. 2004). But see Sierra Club v. EPA, 793 F.3d
656 (6th Cir. 2015).
19 Calcagni Memo at 6.
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Federal Register proposing to approve
that the State met the section 172(c)(3)
requirement to submit an emissions
inventory for the Jackson County SO2
nonattainment area.20 On February 13,
2019, the EPA published a final
rulemaking in the Federal Register
approving the State’s emissions
inventory for the Jackson County SO2
nonattainment area.21
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources to be
allowed in an area, and section 172(c)(5)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
The State has an approved
nonattainment NSR program.22
Regardless, the State has demonstrated
that the Jackson County SO2
nonattainment area will be able to
maintain the NAAQS as its Prevention
of Significant Deterioration (PSD)
program will remain in effect upon
redesignation to attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, the
EPA proposes to find that the Missouri
SIP meets the requirements of section
110(a)(2) applicable for purposes of
redesignation.
Section 176 conformity requirements.
Section 176(c) of the CAA requires
States to establish criteria and
procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with federal conformity
regulations relating to consultation,
enforcement, and enforceability that the
EPA promulgated pursuant to its
authority under the CAA.
Missouri has an approved general
conformity SIP.23 Moreover, the EPA
interprets the conformity SIP
requirements as not applying for
purposes of evaluating a redesignation
request under section 107(d) because,
like other requirements listed above,
20 See
83 FR 59348.
84 FR 3703.
22 See 81 FR 70025 (October 11, 2016).
23 See 78 FR 57267 (September 18, 2013).
21 See
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State conformity rules are still required
after redesignation and federal
conformity rules apply where State
rules have not been approved.24
As noted in the 2014 SO2 Guidance,
transportation conformity is required
under CAA section 176(c) to ensure that
federally supported highway and transit
project activities are consistent with
(‘‘conform to’’) the purpose of the SIP.
Transportation conformity applies to
areas that are designated nonattainment,
and those areas redesignated to
attainment (‘‘maintenance areas’’ with
plans developed under CAA section
l75A) for transportation-related criteria
pollutants. Due to the relatively small,
and decreasing, amounts of sulfur in
gasoline and on-road diesel fuel, the
EPA’s conformity rules provide that
they do not apply to SO2 unless either
the EPA Regional Administrator or the
director of the State air agency has
found that transportation-related
emissions of SO2 as a precursor are a
significant contributor to a PM2.5
nonattainment problem, or if the SIP has
established an approved or adequate
budget for such emissions as part of the
RFP, attainment or maintenance
strategy.25 Neither the EPA nor Missouri
has made such a finding for
transportation related emissions of SO2
for the Jackson County SO2
nonattainment area.
For these reasons, the EPA proposes
to find that Missouri has satisfied all
applicable requirements for purposes of
redesignation of the Jackson County SO2
nonattainment area under section 110
and part D of title I of the CAA.
b. The Jackson County SO2
Nonattainment Area Has a Fully
Approved Applicable SIP Under Section
110(k) of the CAA
The EPA has fully approved the
applicable Missouri SIP for the Jackson
County SO2 nonattainment area under
section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. As indicated above, the
EPA has determined that the section 110
elements that are neither connected
with nonattainment plan submissions
nor linked to an area’s attainment status
are not applicable requirements for
purposes of redesignation. The EPA has
approved all part D requirements
applicable under the 2010 SO2 NAAQS,
as identified above, for purposes of this
redesignation.
24 See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR
62748 (December 7, 1995) (redesignation of Tampa,
Florida).
25 See 40 CFR 93.102(b)(1), (2)(v).
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Criterion (3)—The Air Quality
Improvement in the Jackson County SO2
Nonattainment Area Is Due to
Permanent and Enforceable Reductions
in Emissions
For redesignating a nonattainment
area to attainment, the CAA requires the
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP, applicable
federal air pollution control regulations,
and other permanent and enforceable
reductions (CAA section
107(d)(3)(E)(iii)). The EPA proposes to
find that Missouri has demonstrated
that the observed air quality
improvement in the Jackson County SO2
nonattainment area is due to permanent
and enforceable reductions in
emissions.
Specifically, the EPA considers the
fuel switch at Vicinity from the
combustion of coal to natural gas to be
permanent and enforceable. In 2016,
Missouri issued a construction permit to
Vicinity (formerly Veolia) that included
a condition to exclusively burn natural
gas in boilers 1A, 6, and 8. In addition,
Vicinity’s Title V operating permit
contains a condition that limits boiler 7
to combusting natural gas only.
Missouri could have submitted these
permits to the EPA for inclusion in the
SIP to make these federally enforceable
conditions permanent, but Missouri has
elected to enter into a Consent
Agreement with Vicinity and submit
that Consent Agreement for approval
into the SIP as Appendix 1 of the
September 2021 supplement to the
maintenance plan. This will also make
the Consent Agreement federally
enforceable. The Consent Agreement
prohibits Vicinity from combusting coal
in boilers 1A, 6, 7 and 8. It also allows
Vicinity to utilize natural gas, ultra-low
sulfur diesel (ULSD) containing no more
than 15 parts per million (ppm) sulfur
by volume, biofuel containing no more
than 15 ppm sulfur by volume, or a
blend of biofuel and ULSD containing
no more than 15 ppm sulfur by volume,
as long as the facility obtains any
necessary air permits in the future.
While the Consent Agreement may be
terminated under state law by mutual
agreement by both parties at the current
time, this action, once finalized, would
approve that Agreement into the SIP. At
that point the requirements of the
Consent Agreement would be
permanent and federally enforceable
and would remain applicable until
Missouri submits a SIP revision and the
EPA approves that revision. That
revision would be subject to CAA
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section 110(l), i.e., the state must
demonstrate that the revision would not
interfere with the attainment or
maintenance of any NAAQS.
Vicinity transitioned to natural gas
beginning in 2016 and ceased burning
coal completely in 2017, which
significantly reduced its SO2 emissions
and impacts on the Troost monitor. The
Troost monitor came into compliance
with the 2010 1-hour SO2 standard
during 2015–2017 following Vicinity’s
cessation of coal burning, and the
monitor has remained in compliance
since that time. Given the wellestablished correlation of much lower
SO2 emissions and SO2 concentrations
at the Troost monitor after Vicinity
ceased burning coal, the EPA anticipates
that the 2010 1-hour SO2 NAAQS will
continue to be attained. See Table 1 for
recent monitoring data trends at this
monitor.
The State’s initial modeling
demonstration in the February 2021
maintenance plan assumed that Vicinity
burns natural gas in boilers 1A, 6 and
8 and fuel oil with a sulfur content of
100 ppm in boiler 7. Boiler 7 was not
modeled as running on natural gas
because the natural gas requirement for
Boiler 7 is only found in Vicinity’s
operating permit, which would not be
considered permanent since Title V
permits are only effective for five years
and therefore must be renewed every
five years. In the September 2021
maintenance plan supplement, the State
updated the modeling demonstration
based on the provision of the Consent
Agreement allowing Vicinity to burn
ULSD with a sulfur content of 15 ppm
in all four of its boilers. Both the initial
maintenance plan modeling
demonstration and the updated
modeling demonstration submitted with
the maintenance plan supplement show
compliance with the 2010 SO2 standard
throughout the entire Jackson County
nonattainment area.
In addition to the Vicinity facility, the
State explicitly modeled all permitted
emission sources inside the
nonattainment area based on assuming
continuous operation at their maximum
permitted emission levels for the fiveyear period from 2014–2018. These are
the same sources located in the
nonattainment area that were included
in the clean data determination
modeling analysis for the Jackson
County SO2 nonattainment area. The
State also explicitly modeled two
sources located outside the
nonattainment area: The EvergyHawthorn power plant (Hawthorn) and
the Ingredion facility, which produces
modified corn starches and other food
ingredients. Hawthorn was modeled as
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a nearby source per the EPA guidelines
listed in Table 8.1 of 40 CFR part 51,
appendix W, which states that nearby
sources should be modeled based on
their allowable emission rate, with
adjustments to reflect actual operational
levels. Ingredion was modeled at its
maximum allowable emission rate,
which is the same method used for all
permitted sources located inside the
nonattainment area. The only difference
between the initial modeling
demonstration submitted with the
February 2021 maintenance plan and
the September 2021 updated modeling
demonstration is the derivation of
Vicinity’s emission rates as described
above.
The EPA is proposing to find that the
modeling results demonstrate
attainment and continued maintenance
of the NAAQS and that the air quality
improvement in the Jackson County SO2
nonattainment area is due to permanent
and enforceable reductions in
emissions. Please see the TSD for details
of the modeling inputs and additional
discussion of the air quality modeling.
The input files used in the modeling
demonstration are available by request
from the contact listed in the FOR
FURTHER INFORMATION CONTACT section of
this document.
Criterion (4)—The Jackson County SO2
Nonattainment Area Has a Fully
Approved Maintenance Plan Pursuant
to Section 175A of the CAA
To redesignate a nonattainment area
to attainment, the CAA requires the EPA
to determine that the area has a fully
approved maintenance plan pursuant to
section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its
request to redesignate the Jackson
County SO2 nonattainment area to
attainment for the 2010 1-hour SO2
NAAQS, the State submitted a SIP
revision to provide for the maintenance
of the 2010 1-hour SO2 NAAQS for at
least 10 years after the effective date of
redesignation to attainment. The EPA is
proposing to find that this maintenance
plan for the area meets the requirements
for approval under section 175A of the
CAA.
a. What is required in a maintenance
plan?
CAA section 175A sets forth the
elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation request to attainment.
Eight years after the redesignation, the
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State must submit a revised
maintenance plan demonstrating that
attainment will continue to be
maintained for the 10 years following
the initial 10-year period. To address
the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures as the
EPA deems necessary to assure prompt
correction of any future 2010 1-hour
SO2 violations. The Calcagni Memo
provides further guidance on the
content of a maintenance plan,
explaining that a maintenance plan
should address five requirements: The
attainment emissions inventory,
maintenance demonstration,
monitoring, verification of continued
attainment, and a contingency plan. As
is discussed more fully later in this
section, the EPA is proposing to
determine that Missouri’s maintenance
plan includes all the necessary
components and is thus proposing to
approve it as a revision to the Missouri
SIP.
b. Attainment Emissions Inventory
As part of a State’s maintenance plan,
the air agency should develop an
attainment inventory to identify the
level of emissions in the affected area
which is enough to attain and maintain
the SO2 NAAQS.26 The EPA is
proposing to approve that Missouri has
met this requirement through modeling
of permanent and enforceable emission
limits that will result in continued
attainment and maintenance of the
NAAQS. Missouri also provided
emissions inventories as part of the
maintenance plan. Specifically,
Missouri selected 2017 as the
attainment emissions inventory year for
developing an emissions inventory for
SO2 in the nonattainment area through
the 10-year maintenance period. Please
see the TSD included in the docket for
this action for details of the base year
and attainment year emissions
inventories and the EPA’s review of
these inventories. The TSD also details
the EPA’s review of the modeling
demonstration provided by Missouri
which forms the basis for the EPA’s
approval of this maintenance plan
requirement.
c. Maintenance Demonstration
The Calcagni memo describes two
ways for a State to demonstrate
maintenance of the NAAQS for a period
of at least 10 years following the
redesignation of the area: (1) The State
can show that future emissions of a
pollutant will not exceed the level of the
attainment inventory, or (2) the State
26 See
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can model to show that the future mix
of sources and emission rates will not
cause a violation of the standard. The
memo goes on to say that areas that are
required to model to demonstrate
attainment of the standard should
complete the same level of modeling to
demonstrate that the permanent and
enforceable emissions are enough to
maintain the standard. The State
performed several modeling iterations to
demonstrate that the standard will be
maintained. In its February 2021, and
September 2021, supplemental
modeling, Missouri has demonstrated
maintenance by modeling all sources
inside of the nonattainment area at their
permanent, enforceable, allowable
emission rates; nearby sources at their
permanent, enforceable, allowable
emission rates (with actual operating
conditions for 2014–2018 for the
Hawthorn power plant); and other
sources addressed through the use of a
background concentration. The EPA
proposes that the supplemental
modeling provided by Missouri
demonstrates the standard will be
attained and maintained for at least 10
years following redesignation of the
area, consistent with the second method
outlined in the Calcagni memo by
which a State may demonstrate
maintenance of the NAAQS. Please see
the TSD for details of the modeling
inputs, results and the EPA’s review of
them. The EPA is proposing to approve
Missouri’s maintenance plan including
the supplemental modeling as meeting
the maintenance demonstration
requirement.
d. Monitoring Network
Missouri has committed to continue
operating the ‘‘appropriate SO2 network
in the Jackson County nonattainment
area’’ in accordance with the
requirements of 40 CFR part 58, and
approved annual monitoring network
plans, to verify the attainment status of
the area. The State committed to quality
assure the data in accordance with 40
CFR part 58 and submit the data to the
EPA’s air quality system (AQS). The
maintenance plan, consistent with the
State’s 2020 annual ambient monitoring
network plan, indicate that the Troost
monitor is the only State and Local Air
Monitoring Station (SLAMS) or SLAMSlike monitor operational in the
nonattainment area.27
e. Verification of Continued Attainment
Each air agency should ensure that it
has the legal authority to implement and
27 See Missouri’s 2020 Ambient Monitoring
Network Plan contained in the docket for this
action.
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enforce all measures necessary to attain
and maintain the 2010 SO2 NAAQS.
The air agency’s submittal should
indicate how it will track the progress
of the maintenance plan for the area
either through air quality monitoring or
modeling.28
Missouri has the legal authority to
enforce and implement the maintenance
plan for the Jackson County 2010 SO2
nonattainment area. This includes the
authority to adopt, implement, and
enforce any subsequent emissions
control contingency measures
determined to be necessary to correct
future SO2 attainment problems.29 As
noted, the State will track the progress
of the maintenance plan by continuing
to operate the Troost monitor.
Additionally, the State committed to
provide future inventory updates to
track emissions during the 10-year
maintenance period. State Regulation 10
CSR 10–6.110, Reporting Emission Data,
Emission Fees, and Process Information,
(which is SIP approved) requires that all
installations with a construction or
operating permit report its annual
emissions to the State. The methods for
calculating and reporting emissions are
detailed in each installation’s applicable
permit. The data collected on emissions
inventory questionnaires from permitted
sources form the basis of the point
source emissions inventory that is
compiled annually.30 In addition, in
compliance with the EPA’s Air
Emissions Reporting Requirements [80
FR 8787], Missouri develops a
comprehensive emissions inventory of
point, area, and mobile sources every 3
years. This triennial inventory compiled
by the State is contained in the EPA’s
national emissions inventory (NEI)
which is made publicly available every
3 years. For these reasons, the EPA is
proposing to find that Missouri’s
maintenance plan meets the
‘‘Verification of Continued Attainment’’
requirement.
f. Contingency Measures in the
Maintenance Plan
Section 175A of the CAA requires that
a maintenance plan include such
contingency measures as the EPA deems
necessary to assure that the State will
promptly correct a violation of the
NAAQS that occurs after redesignation.
The maintenance plan should identify
the contingency measures to be adopted,
28 See
2014 SO2 Guidance at pages 67–68.
EPA last determined that Missouri’s SIP
was sufficient to meet the requirements of section
110(a)(2)(E)(i) of the CAA on March 22, 2018 (83
FR 12496).
30 This information is available to the EPA or
members of the public upon request from the State
of Missouri.
29 The
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59081
a schedule and procedure for adoption
and implementation, and a time limit
for action by the State. A State should
also identify specific indicators to be
used to determine when the
contingency measures need to be
implemented. The maintenance plan
must also include a requirement that a
State will implement all measures with
respect to control of the pollutant that
were contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d).
The contingency plan includes a
triggering mechanism to determine
when contingency measures are needed
and a process of developing and
implementing appropriate control
measures. The triggering mechanisms
contained in the maintenance plan are
based on monitoring data from the
Troost monitor. The EPA proposes to
find it appropriate to rely on monitoring
data to trigger the contingency plan
because the Troost monitor is being
relied upon to demonstrate continued
maintenance in the area as discussed in
the Monitoring Network section of this
document.
The State listed two types of triggers
of its contingency plan. The first, a
‘‘warning level response,’’ will be
triggered by a 99th percentile of daily
maximum 1-hour average SO2
concentrations greater than 90 ppb in a
single calendar year in the Jackson
County maintenance area. The second,
an ‘‘action level response,’’ will be
triggered if a violation of the NAAQS is
recorded in the Jackson County
maintenance area, specifically if the 3year average of annual 99th percentile
daily maximum 1-hour concentrations
is 76 ppb or higher.
If the warning level response is
triggered, a study must be completed to
determine whether the monitored SO2
value indicates a trend toward higher
concentrations in the Jackson County
maintenance area. Specifically, the
study will evaluate whether emissions
appear to be increasing and whether
control measures are needed to reverse
the trend. The study shall be completed
as expeditiously as possible, but no later
than 12 months after the State has
determined that a warning level
response has been triggered. Any
necessary control measures would be
implemented within 24 months of the
submission of certified monitoring data
triggering the warning level response.
If the action level response is
triggered and is not due to an
exceptional event as defined at 40 CFR
50.1(j), measures to address the
violation shall be implemented as
expeditiously as possible, but no later
than 24 months after quality-assured
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ambient data has been entered into the
AQS database indicating that this trigger
has occurred. If the exceedance is not
due to an exceptional event,
malfunction, or noncompliance with a
permit condition or rule requirement,
the State will conduct a study to
determine additional control measures
needed to return the area to attainment
of the 2010 SO2 standard. The study
will be completed within six months
following the action-level trigger. The
study would identify local sources
causing the elevated SO2 concentrations
and address the issue through potential
contingency measures including new
SO2 emission control requirements,
fuel-switching requirements, stack
reconfigurations, or new operating
limits imposed through permit
conditions, consent agreements or rules.
Another contingency measure option is
the implementation of partial or full
nonattainment NSR permitting for new
or modified major sources of SO2 in the
Jackson County SO2 nonattainment area.
The State would implement the selected
contingency measures as expeditiously
as practicable, but not later than 24
months after an action-level trigger has
occurred.
The EPA is proposing to find that
Missouri’s maintenance plan meets the
‘‘Contingency Measures’’ requirement.
The EPA proposes to conclude that
the maintenance plan adequately
addresses the five basic components of
a maintenance plan: The attainment
emissions inventory, maintenance
demonstration, monitoring, verification
of continued attainment, and a
contingency plan. Therefore, the EPA
proposes to find that the maintenance
plan SIP revision submitted by Missouri
for the Jackson County 2010 SO2
nonattainment area meets the
requirements of section 175A of the
CAA and proposes to approve the plan.
VI. What are the actions the EPA is
proposing to take?
The EPA is proposing to approve the
maintenance plan for the Jackson
County 2010 SO2 1-hour NAAQS
nonattainment area into the Missouri
SIP (as compliant with CAA section
175A). The maintenance plan
demonstrates that the area will continue
to maintain the 2010 1-hour SO2
NAAQS and includes a process to select
identified potential contingency
measures to remedy any future
violations of the 2010 1-hour SO2
NAAQS and procedures for evaluation
of potential violations.
Additionally, the EPA is proposing to
determine that the Jackson County 2010
SO2 1-hour NAAQS nonattainment area
has met the criteria under CAA section
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107(d)(3)(E) for redesignation from
nonattainment to attainment for the
2010 1-hour SO2 NAAQS. On this basis,
the EPA is proposing to approve
Missouri’s redesignation request for the
area. Final approval of Missouri’s
redesignation request would change the
legal designation of the portion of
Jackson County designated
nonattainment at 40 CFR part 81 to
attainment for the 2010 1-hour SO2
NAAQS.
VII. Environmental Justice Concerns
When the EPA establishes a new or
revised NAAQS, the CAA requires the
EPA to designate all areas of the U.S. as
either nonattainment, attainment, or
unclassifiable. Area designations
address environmental justice concerns
by ensuring that the public is properly
informed about the air quality in an
area. If an area is designated
nonattainment of the NAAQS, the CAA
provides for the EPA to redesignate the
area to attainment upon a demonstration
by the state authority that air quality is
attaining the NAAQS and will continue
to maintain the NAAQS in order to
ensure that all those residing, working,
attending school, or otherwise present
in those areas are protected, regardless
of minority and economic status. This
action addresses a redesignation
determination for the Jackson County,
Missouri area. Under CAA section
107(d)(3), the redesignation of an area to
attainment/unclassifiable is an action
that affects the status of a geographical
area and does not impose any additional
regulatory requirements on sources
beyond those imposed by state law. As
discussed in this document and the
associated technical support document,
Missouri has demonstrated that the air
quality in the Jackson County area is
attaining the NAAQS and will continue
to maintain the NAAQS. Therefore, this
proposed action does not result in
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples.
VIII. Incorporation by Reference
In this document, the EPA is
proposing to amend regulatory text that
includes incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri
State Implementation Plan described in
the proposed amendments to 40 CFR
part 52 set forth below. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
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section of this
preamble for more information).
INFORMATION CONTACT
IX. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA),
redesignation of an area to attainment
and the accompanying approval of a
maintenance plan are actions that affect
the status of a geographical area and do
not impose additional regulatory
requirements on sources beyond those
imposed by State law. A redesignation
to attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, 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, the
EPA’s role is to approve State choices,
if they meet the criteria of the CAA.
Accordingly, these actions merely
approve State law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by State law. For these reasons,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
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• This action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994). The
basis for this determination is contained
in Section VII of this action,
‘‘Environmental Justice Concerns.’’
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the 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).
List of Subjects
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Maintenance plan,
Redesignation, Sulfur oxides.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
40 CFR Part 81
Subpart AA—Missouri
Environmental protection, Air
pollution control, Designations,
Intergovernmental relations,
Redesignation, Reporting and
recordkeeping requirements, Sulfur
oxides.
■
■
2. In § 52.1320:
a. The table in paragraph (d), as
proposed to be amended at 86 FR 34177,
June 29, 2021, is further amended by
adding the entry ‘‘(35)’’ in numerical
order.
■ b. The table in paragraph (e) is
amended by adding the entry ‘‘(81)’’ in
numerical order.
The additions read as follows:
Dated: October 12, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR parts 52 and 81 as set forth below:
§ 52.1320
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
State
effective
date
Name of source
Order/permit number
*
*
(35) Vicinity Energy-Kansas City ......
*
*
Consent Agreement No. APCP–
2021–007.
6/25/2021
EPA approval
date
Explanation
*
*
[Date of publication of the final rule
in
the
Federal
Register],
[Federal Register citation of the
final rule].
*
(e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable
geographic or
nonattainment
area
Name of nonregulatory SIP
revision
*
*
(81) Jackson County 1-hour SO2
NAAQS Maintenance Plan and
Maintenance Plan Supplement.
*
Jackson County
3. In § 52.1343, add paragraph (c) to
read as follows:
■
§ 52.1343
Control strategy: Sulfur dioxide.
*
*
*
*
*
(c) Redesignation to attainment. As of
[date 30 days after publication of the
final rule in the Federal Register], the
Jackson County 2010 SO2 nonattainment
area is redesignated to attainment of the
2010 SO2 1-hour National Ambient Air
Quality Standard (NAAQS) in
accordance with the requirements of
Clean Air Act (CAA) section 107(d)(3)
and EPA has approved its maintenance
VerDate Sep<11>2014
16:36 Oct 25, 2021
Jkt 256001
State
submittal
date
*
2/18/2021; 9/7/
2021.
EPA approval date
Explanation
*
[Date of publication of the final
rule in the Federal Register],
[Federal Register citation of
the final rule].
*
*
This action approves the Maintenance Plan and the Maintenance Plan Supplement for the
Jackson County area.
plan and maintenance plan supplement
as meeting the requirements of CAA
section 175A.
Subpart C—Section 107 Attainment
Status Designations
5. In § 81.326, revise the entry
‘‘Jackson County, MO’’ in the table
entitled ‘‘Missouri—2010 Sulfur
Dioxide NAAQS [Primary]’’ to read as
follows:
■
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
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§ 81.326
*
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*
Missouri.
*
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*
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Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Proposed Rules
MISSOURI—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
Date 2
Jackson County, MO .....................................................................................................................
[Date 30 days after date of
publication of the final rule in
the Federal Register].
Type
Attainment.
Jackson County (part)
The portion of Jackson County bounded by I–70/I–670 and the Missouri River to the
north; and, to the west of I–435 to the state line separating Missouri and Kansas.
*
*
*
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is April 9, 2018, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2021–22746 Filed 10–25–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 17–59, WC Docket No. 17–
97; FCC 21–105; FR ID 53781]
Advanced Methods To Target and
Eliminate Unlawful Robocalls, Call
Authentication Trust Anchor
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission adopted a Further Notice of
Proposed Rulemaking that proposes and
seeks comment on a number of actions
aimed at stopping illegal robocalls from
entering U.S. networks. The document
proposes to require gateway providers to
apply STIR/SHAKEN caller ID
authentication to, and perform robocall
mitigation on, foreign-originated calls
with U.S. numbers. It also proposes and
seeks comment on a number of
additional requirements to ensure that
gateway providers take steps to prevent
foreign-originated calls from entering
the U.S. network.
DATES: Comments are due on or before
November 26, 2021, and reply
comments are due on or before
December 27, 2021. Written comments
on the Paperwork Reduction Act
proposed information collection
requirements must be submitted by the
public, Office of Management and
Budget (OMB), and other interested
parties on or before December 27, 2021.
ADDRESSES: Pursuant to §§ 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
SUMMARY:
VerDate Sep<11>2014
19:11 Oct 25, 2021
Jkt 256001
comments and reply comments on or
before the dates indicated in this
document. Comments and reply
comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
Interested parties may file comments or
reply comments, identified by CG
Docket No. 17–59 and WC Docket No.
17–97 by any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing ECFS: https://www.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, 35 FCC Rcd 2788 (March 19,
2020), https://www.fcc.gov/document/
fcc-closes-headquarters-open-windowand-changes-hand-delivery-policy.
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
In addition to filing comments with
the Secretary, a copy of any comments
on the Paperwork Reduction Act
proposed information collection
requirements contained herein should
be submitted to the Federal
Communications Commission via email
to PRA@fcc.gov and to Nicole Ongele,
FCC, via email to Nicole.Ongele@
fcc.gov.
For
further information, please contact
either Jonathan Lechter, Attorney
Advisor, Competition Policy Division,
Wireline Competition Bureau, at
Jonathan.lechter@fcc.gov or at (202)
418–0984, or Jerusha Burnett, Attorney
Advisor, Consumer Policy Division,
Consumer and Governmental Affairs
Bureau, at jerusha.burnett@fcc.gov. For
additional information concerning the
Paperwork Reduction Act proposed
information collection requirements
contained in this document, send an
email to PRA@fcc.gov or contact Nicole
Ongele at (202) 418–2991.
FOR FURTHER INFORMATION CONTACT:
This is a
summary of the Commission’s Fifth
Further Notice of Proposed Rulemaking
and Fourth Further Notice of Proposed
Rulemaking (FNPRM) in CG Docket No.
17–59 and WC Docket No. 17–97, FCC
21–105, adopted on September 30, 2021,
and released on October 1, 2021. The
full text of this document is available for
public inspection at the following
internet address: https://docs.fcc.gov/
public/attachments/FCC-21-105A1.pdf.
To request materials in accessible
formats for people with disabilities (e.g.,
Braille, large print, electronic files,
audio format, etc.), send an email to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), or (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
E:\FR\FM\26OCP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Proposed Rules]
[Pages 59075-59084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22746]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2021-0667; FRL-9105-01-R7]
Air Plan Approval; Missouri Redesignation Request and Associated
Maintenance Plan for the Jackson County 2010 SO2 1-Hour NAAQS
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On February 18, 2021, the State of Missouri submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the Jackson County, Missouri, 2010 1-hour sulfur dioxide
(SO2) National Ambient Air Quality Standard (NAAQS)
nonattainment area to attainment and approve a State Implementation
Plan (SIP) revision containing a maintenance plan for the area. The
State provided a supplement to the maintenance plan on September 7,
2021. In response to these submittals, the EPA is proposing to take the
following actions: Approve the State's plan for maintaining attainment
of the 2010 1-hour SO2 primary standard in the area; and
approve the State's request to redesignate the Jackson County
SO2 nonattainment area to attainment for the 2010 1-hour
SO2 primary standard. This redesignation action, if
finalized, will address the EPA's obligation under a consent decree
which establishes a deadline of March 31, 2022 for the EPA to determine
under Clean Air Act (CAA) section 179(c) whether the Jackson County
SO2 nonattainment area attained the NAAQS by the October 4,
2018 attainment date.
DATES: Comments must be received on or before November 26, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0667 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: Wendy Vit, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7697 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. Have the requirements for approval of a SIP revision been met?
III. What is the background for the EPA's proposed actions?
IV. What are the criteria for redesignation?
V. What is the EPA's analysis of the request?
VI. What are the actions the EPA is proposing to take?
VII. Environmental Justice Concerns
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0667, 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
[[Page 59076]]
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. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
February 18, 2021 SIP submittal included a redesignation request and a
maintenance plan, consisting of a maintenance demonstration based on
air dispersion modeling, an attainment emissions inventory, contingency
plan and other required elements. The State provided public notice on
the February 18, 2021 SIP submittal from November 2, 2020 to December
10, 2020 and held a public hearing on December 3, 2020. The State
received and addressed three comments from one source (the EPA). The
State revised the maintenance plan based on public comment prior to
submitting to the EPA.
On September 7, 2021, Missouri submitted a supplement to the
maintenance plan consisting of a Consent Agreement between Missouri and
Vicinity Energy--Kansas City (Vicinity, formerly Veolia-Kansas City)
and an updated air dispersion modeling demonstration to support the
redesignation. Missouri held a public hearing for this maintenance plan
supplement on July 29, 2021 and made the supplement available for
public review and comment from June 28, 2021 through August 5, 2021.
Missouri did not receive any public comments.
In addition, as explained in later sections (and in more detail in
the technical support document (TSD) which is included in the docket
for this action), the maintenance plan meets the substantive SIP
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations.
III. What is the background for the EPA's proposed actions?
On June 22, 2010, the EPA revised the primary SO2 NAAQS,
establishing a new 1-hour standard of 75 parts per billion (ppb).\1\
Under the EPA's regulations at 40 CFR part 50, the 2010 1-hour
SO2 NAAQS is met at a monitoring site when the 3-year
average of the annual 99th percentile of daily maximum 1-hour average
concentrations is less than or equal to 75 ppb (based on the rounding
convention in 40 CFR part 50, appendix T).\2\ Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. A year meets data completeness requirements when all four
quarters are complete, and a quarter is complete when at least 75
percent of the sampling days for each quarter have complete data. A
sampling day has complete data if 75 percent of the hourly
concentration values, including State-flagged data affected by
exceptional events which have been approved for exclusion by the
Administrator, are reported.\3\
---------------------------------------------------------------------------
\1\ See 75 FR 35520 (June 22, 2010).
\2\ See 40 CFR 50.17.
\3\ 40 CFR part 50, appendix T, section 3(b).
---------------------------------------------------------------------------
Upon promulgation of a new or revised NAAQS, the CAA requires the
EPA to designate as nonattainment any area that does not meet (or that
contributes to ambient air quality in a nearby area that does not meet)
the NAAQS.\4\ On August 5, 2013, the EPA designated a portion of
Jackson County, Missouri, as nonattainment in Round 1 of the
designations for the 2010 1-hour primary SO2 NAAQS,
effective October 4, 2013.\5\ The designation was based on 2009-2011
monitoring data from the Troost monitor in Kansas City, Missouri,
showing violations of the standard (see section V of this document for
additional monitoring information). This action established an
attainment date five years after the effective date of designation for
the Round 1 nonattainment areas for the 2010 SO2 NAAQS
(i.e., by October 4, 2018). The State was also required to submit a SIP
for the Jackson County SO2 nonattainment area to the EPA
that meets the requirements of CAA sections 110, 172(c) and 191-192
within 18 months following the October 4, 2013, effective date of
designation (i.e., by April 4, 2015).
---------------------------------------------------------------------------
\4\ CAA section 107(d)(1)(A)(i).
\5\ 78 FR 47191 (August 5, 2013), codified at 40 CFR 81.326.
---------------------------------------------------------------------------
The State of Missouri submitted the ``Nonattainment Area Plan for
the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard--
Jackson County Sulfur Dioxide Nonattainment Area'' on October 16, 2015,
and subsequently withdrew the plan on June 11, 2018, except for the
baseline emissions inventory.
On May 4, 2018, the State submitted a request for the EPA to
determine that the Jackson County SO2 nonattainment area
attained the 2010 1-hour primary SO2 NAAQS per the EPA's
Clean Data Policy. The clean data policy represents the EPA's
interpretation that certain planning-related requirements of part D of
the Act, such as the attainment demonstration, reasonably available
control measures (RACM), and reasonable further progress (RFP), are
suspended for areas that are in fact attaining the NAAQS. A
determination of attainment, or clean data determination, does not
constitute a formal redesignation to attainment. If the EPA
subsequently determines that an area is no longer attaining the
standard, those requirements that were suspended by the clean data
determination are once again due.
On April 15, 2020, the EPA published a notice of proposed
rulemaking to approve the State's request for a clean data
determination.\6\ The proposal was based on 2016-2018 monitoring data--
the Troost monitor design value (dv) was 11 parts per billion (ppb)--
and modeling data (2016-2018 actual emissions). After considering
public comments received, the EPA published a Notice of Final
Rulemaking (NFRM) approving the State's request for a clean data
determination in the Federal Register on July 9, 2020.\7\
---------------------------------------------------------------------------
\6\ See 85 FR 20896.
\7\ See 85 FR 41193.
---------------------------------------------------------------------------
On February 18, 2021, the State submitted a request for
redesignation of the Jackson County SO2 nonattainment area
to attainment and a SIP revision containing a 10-year maintenance plan
for the area. On September 7, 2021, the State submitted a supplement to
the maintenance plan, including a Consent Agreement with Vicinity and
an updated modeling demonstration to reflect the new fuel restrictions.
This proposal document discusses the EPA's review of the redesignation
request, the maintenance plan, and the supplemental information and
provides support for the EPA's proposed approval of the maintenance
plan and request to redesignate the area to attainment. Additional
analysis of the redesignation request, maintenance plan, consent
agreement, and supplemental modeling information is provided in a
Technical Support Document (TSD) included in the docket to this
proposed rulemaking.\8\
---------------------------------------------------------------------------
\8\ The TSD discusses the EPA's review of some of the CAA
section 107(d)(3)(E) redesignation criteria: 107(d)(3)(E)(i) a
determination of attainment;107(d)(3)(E)(iii) a determination that
the improvement in air quality is due to permanent and enforceable
reductions in emissions; and 107(d)(3)(E)(iv) a fully approved
maintenance plan per CAA section 175A. The discussion also covers
some of the submitted maintenance plan's elements: (1) Attainment
inventory; (2) maintenance demonstration; and (3) continued
monitoring. The EPA's review of the remaining redesignation and
maintenance plan criteria are sufficiently addressed in the preamble
language to this proposed rule.
---------------------------------------------------------------------------
[[Page 59077]]
This redesignation action, if finalized, will address EPA's
obligation under a consent decree in Center for Biological Diversity,
et al. v. Regan, which establishes a deadline of March 31, 2022 for the
EPA to determine under CAA section 179(c) whether the Jackson County
SO2 nonattainment area attained the NAAQS by the October 4,
2018 attainment date.\9\ Under the terms of the consent decree, final
redesignation of the area to attainment before March 31, 2022, would
automatically terminate the EPA's obligation to make this determination
under CAA section 179(c).
---------------------------------------------------------------------------
\9\ Center for Biological Diversity, et al. v. Regan, No. 3:20-
cv-05436-EMC (N.D. Cal. June 25, 2021).
---------------------------------------------------------------------------
IV. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation of a nonattainment area provided that: (1) The
Administrator determines that the area has attained the applicable
NAAQS; (2) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k); (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 and applicable federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A; and (5) the
State containing such area has met all requirements applicable to the
area under section 110 and part D of the CAA.
V. What is the EPA's analysis of the request?
The EPA's evaluation of Missouri's redesignation request and
maintenance plan is based on consideration of the five redesignation
criteria provided under CAA section 107(d)(3)(E) and relevant guidance.
On April 16, 1992, the EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990, and the EPA supplemented this guidance on April 28,
1992.10 11 The EPA has provided further guidance on
processing redesignation requests in several guidance documents. For
the purposes of this action, the EPA will be referencing two of these
documents: (1) The September 4, 1992 memo ``Procedures for Processing
Requests to Redesignate Areas to Attainment'' (Calcagni Memo); and (2)
the EPA's April 23, 2014 memorandum ``Guidance for 1-Hour
SO2 Nonattainment Area SIP Submissions'' (2014
SO2 Guidance).\12\
---------------------------------------------------------------------------
\10\ See 57 FR 13498.
\11\ See 57 FR 18070.
\12\ https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.
---------------------------------------------------------------------------
Criterion (1)--The Jackson County SO2 Nonattainment Area Has Attained
the 2010 1-Hour SO2 NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires the EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). The EPA determined that the area
attained the 2010 1-hour SO2 NAAQS in its July 2020 NFRM
approving the State's request for a clean data determination meeting
the requirements of CAA section 107(d)(3)(E)(i). That determination was
primarily based on monitoring data and a modeling analysis of recent
actual emissions for sources in and around the nonattainment area. As
described further in the TSD for this action, the February 2021
maintenance plan, as well as the September 2021 supplemental
maintenance plan information, are based on modeling demonstrations of
permanent and enforceable emissions for sources in the nonattainment
area that demonstrate the area is attaining the standard. Therefore,
the EPA's 2020 determination that the area had achieved clean data is
consistent with the proposed action to redesignate the area.
For this proposal, the EPA reviewed quality assured monitoring data
recorded in the EPA's Air Quality System (AQS) from the Troost
monitoring station. The 3-year, 2018-2020 design value for the Troost
monitor is 7 ppb, which continues to meet the 2010 1-hour
SO2 NAAQS, as shown in Table 1. If the 3-year design value
violates the NAAQS prior to the EPA acting in response to the State's
request, the EPA will not take final action to approve the
redesignation request.\13\ As discussed in more detail later in this
section, Missouri has committed to continue monitoring in this area in
accordance with 40 CFR part 58.
---------------------------------------------------------------------------
\13\ See 2014 SO2 Guidance, at page 56.
Table 1--2015-2020 Troost Street Monitor Data (Parts per Billion (ppb)); 99th Percentile (99th %) and 3-Year Design Value (dv)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2015-2017 2016-2018 2017-2019 2018-2020
Site 99th % 99th % 99th % 99th % 99th % 99th % dv dv dv dv
--------------------------------------------------------------------------------------------------------------------------------------------------------
Troost................................................ 142 9.4 18.4 6.1 6.5 7.1 57 11 10 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Criterion (2)--Missouri Has a Fully Approved SIP Under Section 110(k);
and Criterion (5)--Missouri Has Met All Applicable Requirements Under
Section 110 and Part D of Title I of the CAA
For redesignating a nonattainment area to attainment under a NAAQS,
the CAA requires the EPA to determine that the State has met all
applicable requirements for that NAAQS under section 110 and part D of
title I of the CAA (CAA section 107(d)(3)(E)(v)) and that the State has
a fully approved SIP under section 110(k) for that NAAQS for the area
(CAA section 107(d)(3)(E)(ii)). The EPA proposes to find that Missouri
has met all applicable SIP requirements for purposes of redesignation
for the Jackson County SO2 nonattainment area under section
110 of the CAA (general SIP requirements). Additionally, the EPA
proposes to find that the Missouri SIP satisfies the criterion that it
meets applicable SIP requirements for purposes of redesignation under
part D of title I of the CAA in accordance with section
107(d)(3)(E)(v). Further, the EPA proposes to determine that the SIP is
fully approved with respect to all requirements applicable for the 2010
1-hour SO2 NAAQS for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii). In proposing to make these
determinations, the EPA ascertained which requirements are applicable
to the Jackson County SO2 nonattainment area and, if
applicable,
[[Page 59078]]
that they are fully approved under section 110(k).
a. The Jackson County SO2 Nonattainment Area Has Met All
Applicable Requirements Under Section 110 and Part D of the CAA
General SIP requirements. General SIP elements and requirements are
delineated in section 110(a)(2) of title I, part A of the CAA. These
requirements include, but are not limited to, the following: Submittal
of a SIP that has been adopted by the State after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (New Source Review (NSR) permit programs); provisions for
air pollution modeling; and provisions for public and local agency
participation in planning and emissions control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a State from significantly contributing to air
quality problems in another State. To implement this provision, the EPA
has required certain States to establish programs to address the
interstate transport of air pollutants. The section 110(a)(2)(D)
requirements for a State are not linked with a nonattainment area's
designation and classification in that State. The EPA has determined
that the requirements linked with a nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a State regardless of the
designation of any one area in the State. Thus, the EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
In addition, the EPA has determined that other section 110 elements
that are neither connected with nonattainment plan submissions nor
linked with an area's attainment status are not applicable requirements
for purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated. The section 110 and part D
requirements which are linked with an area's designation and
classification are the relevant measures to evaluate in reviewing a
redesignation request. This approach is consistent with the EPA's
existing policy on applicability (i.e., for redesignations) of
conformity and oxygenated fuels requirements, as well as with section
184 ozone transport requirements.\14\
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\14\ See Reading, Pennsylvania, proposed and final rulemakings
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 2008);
Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, May
7,1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October
19, 2001).
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Title I, part D, applicable SIP requirements. Section 172(c) of the
CAA sets forth the basic requirements of attainment plans for
nonattainment areas that are required to submit them pursuant to
section 172(b). Subpart 5 of part D, which includes section 191 and 192
of the CAA, establishes requirements for SO2, nitrogen
dioxide and lead nonattainment areas. A thorough discussion of the
requirements contained in section 172(c) can be found in the General
Preamble for Implementation of Title I.\15\
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\15\ See 57 FR 13498.
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Section 172 and subpart 5 requirements. Section 172(c)(1) requires
the plans for all nonattainment areas to provide for the implementation
of all RACM as expeditiously as practicable and to provide for
attainment of the NAAQS. The EPA interprets this requirement to impose
a duty on all nonattainment areas to consider all available control
measures and to adopt and implement such measures as are reasonably
available for implementation in each area as components of the area's
attainment demonstration. Under section 172, States with nonattainment
areas must submit plans providing for timely attainment and meeting a
variety of other requirements.
The EPA's longstanding interpretation of the nonattainment planning
requirements of section 172 is that once an area is attaining the
NAAQS, those requirements are not ``applicable'' for purposes of CAA
section 107(d)(3)(E)(ii) and (v) and therefore need not be approved
into the SIP before the EPA can redesignate the area. In the 1992
General Preamble for Implementation of Title I, the EPA set forth its
interpretation of applicable requirements for purposes of evaluating
redesignation requests when an area is attaining a standard.\16\ The
EPA noted that the requirements for RFP and other measures designed to
provide for attainment do not apply in evaluating redesignation
requests because those nonattainment planning requirements ``have no
meaning'' for an area that has already attained the standard.\17\ This
interpretation was also set forth in the Calcagni Memo. The EPA's
interpretation of section 172 also forms the basis of its Clean Data
Policy, which was articulated with regard to the 2010 1-hour
SO2 NAAQS in the EPA's 2014 SO2 Guidance, and
suspends a State's obligation to submit most of the attainment planning
requirements that would otherwise apply, including an attainment
demonstration and planning SIPs to provide for RFP, RACM, and
contingency measures under section 172(c)(9). Courts have upheld the
EPA's interpretation of section 172(c)(1) for ``reasonably available''
control measures and control technology as meaning only those controls
that advance attainment, which precludes the need to require additional
measures where an area is already attaining.\18\
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\16\ See 57 FR 13498, 13564.
\17\ Id.
\18\ NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009); Sierra
Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra Club v. EPA,
314 F.3d 735, 744 (5th Cir. 2002); Sierra Club v. EPA, 375 F.3d 537
(7th Cir. 2004). But see Sierra Club v. EPA, 793 F.3d 656 (6th Cir.
2015).
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Therefore, because the Jackson County SO2 nonattainment
area is currently attaining the 2010 1-hour SO2 NAAQS, no
additional measures are needed to provide for attainment, and section
172(c)(1) requirements for an attainment demonstration and RACM are not
part of the ``applicable implementation plan'' required to have been
approved prior to redesignation per CAA section 107(d)(3)(E)(ii) and
(v). The other section 172 requirements that are designed to help an
area achieve attainment--the section 172(c)(2) requirement that
nonattainment plans contain provisions promoting reasonable further
progress, the requirement to submit the section 172(c)(9) contingency
measures, and the section 172(c)(6) requirement for the SIP to contain
control measures necessary to provide for attainment of the NAAQS--are
also not required to be approved as part of the ``applicable
implementation plan'' for purposes of satisfying CAA section
107(d)(3)(E)(ii) and (v).
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. The
requirement for an emissions inventory can be satisfied by meeting the
inventory requirements of the maintenance plan.\19\ However, when the
State withdrew its attainment plan for the area in June 2018, it did
not withdraw the baseline emissions inventory submitted with that plan.
On November 23, 2018, the EPA published a notice of proposed rulemaking
in the
[[Page 59079]]
Federal Register proposing to approve that the State met the section
172(c)(3) requirement to submit an emissions inventory for the Jackson
County SO2 nonattainment area.\20\ On February 13, 2019, the
EPA published a final rulemaking in the Federal Register approving the
State's emissions inventory for the Jackson County SO2
nonattainment area.\21\
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\19\ Calcagni Memo at 6.
\20\ See 83 FR 59348.
\21\ See 84 FR 3703.
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Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. The State has an approved
nonattainment NSR program.\22\ Regardless, the State has demonstrated
that the Jackson County SO2 nonattainment area will be able
to maintain the NAAQS as its Prevention of Significant Deterioration
(PSD) program will remain in effect upon redesignation to attainment.
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\22\ See 81 FR 70025 (October 11, 2016).
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Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, the EPA proposes to
find that the Missouri SIP meets the requirements of section 110(a)(2)
applicable for purposes of redesignation.
Section 176 conformity requirements. Section 176(c) of the CAA
requires States to establish criteria and procedures to ensure that
federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects that
are developed, funded, or approved under title 23 of the United States
Code (U.S.C.) and the Federal Transit Act (transportation conformity)
as well as to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with federal conformity regulations relating to
consultation, enforcement, and enforceability that the EPA promulgated
pursuant to its authority under the CAA.
Missouri has an approved general conformity SIP.\23\ Moreover, the
EPA interprets the conformity SIP requirements as not applying for
purposes of evaluating a redesignation request under section 107(d)
because, like other requirements listed above, State conformity rules
are still required after redesignation and federal conformity rules
apply where State rules have not been approved.\24\
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\23\ See 78 FR 57267 (September 18, 2013).
\24\ See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding
this interpretation); see also 60 FR 62748 (December 7, 1995)
(redesignation of Tampa, Florida).
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As noted in the 2014 SO2 Guidance, transportation
conformity is required under CAA section 176(c) to ensure that
federally supported highway and transit project activities are
consistent with (``conform to'') the purpose of the SIP. Transportation
conformity applies to areas that are designated nonattainment, and
those areas redesignated to attainment (``maintenance areas'' with
plans developed under CAA section l75A) for transportation-related
criteria pollutants. Due to the relatively small, and decreasing,
amounts of sulfur in gasoline and on-road diesel fuel, the EPA's
conformity rules provide that they do not apply to SO2
unless either the EPA Regional Administrator or the director of the
State air agency has found that transportation-related emissions of
SO2 as a precursor are a significant contributor to a
PM2.5 nonattainment problem, or if the SIP has established
an approved or adequate budget for such emissions as part of the RFP,
attainment or maintenance strategy.\25\ Neither the EPA nor Missouri
has made such a finding for transportation related emissions of
SO2 for the Jackson County SO2 nonattainment
area.
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\25\ See 40 CFR 93.102(b)(1), (2)(v).
---------------------------------------------------------------------------
For these reasons, the EPA proposes to find that Missouri has
satisfied all applicable requirements for purposes of redesignation of
the Jackson County SO2 nonattainment area under section 110
and part D of title I of the CAA.
b. The Jackson County SO2 Nonattainment Area Has a Fully Approved
Applicable SIP Under Section 110(k) of the CAA
The EPA has fully approved the applicable Missouri SIP for the
Jackson County SO2 nonattainment area under section 110(k)
of the CAA for all requirements applicable for purposes of
redesignation. As indicated above, the EPA has determined that the
section 110 elements that are neither connected with nonattainment plan
submissions nor linked to an area's attainment status are not
applicable requirements for purposes of redesignation. The EPA has
approved all part D requirements applicable under the 2010
SO2 NAAQS, as identified above, for purposes of this
redesignation.
Criterion (3)--The Air Quality Improvement in the Jackson County SO2
Nonattainment Area Is Due to Permanent and Enforceable Reductions in
Emissions
For redesignating a nonattainment area to attainment, the CAA
requires the EPA to determine that the air quality improvement in the
area is due to permanent and enforceable reductions in emissions
resulting from implementation of the SIP, applicable federal air
pollution control regulations, and other permanent and enforceable
reductions (CAA section 107(d)(3)(E)(iii)). The EPA proposes to find
that Missouri has demonstrated that the observed air quality
improvement in the Jackson County SO2 nonattainment area is
due to permanent and enforceable reductions in emissions.
Specifically, the EPA considers the fuel switch at Vicinity from
the combustion of coal to natural gas to be permanent and enforceable.
In 2016, Missouri issued a construction permit to Vicinity (formerly
Veolia) that included a condition to exclusively burn natural gas in
boilers 1A, 6, and 8. In addition, Vicinity's Title V operating permit
contains a condition that limits boiler 7 to combusting natural gas
only. Missouri could have submitted these permits to the EPA for
inclusion in the SIP to make these federally enforceable conditions
permanent, but Missouri has elected to enter into a Consent Agreement
with Vicinity and submit that Consent Agreement for approval into the
SIP as Appendix 1 of the September 2021 supplement to the maintenance
plan. This will also make the Consent Agreement federally enforceable.
The Consent Agreement prohibits Vicinity from combusting coal in
boilers 1A, 6, 7 and 8. It also allows Vicinity to utilize natural gas,
ultra-low sulfur diesel (ULSD) containing no more than 15 parts per
million (ppm) sulfur by volume, biofuel containing no more than 15 ppm
sulfur by volume, or a blend of biofuel and ULSD containing no more
than 15 ppm sulfur by volume, as long as the facility obtains any
necessary air permits in the future. While the Consent Agreement may be
terminated under state law by mutual agreement by both parties at the
current time, this action, once finalized, would approve that Agreement
into the SIP. At that point the requirements of the Consent Agreement
would be permanent and federally enforceable and would remain
applicable until Missouri submits a SIP revision and the EPA approves
that revision. That revision would be subject to CAA
[[Page 59080]]
section 110(l), i.e., the state must demonstrate that the revision
would not interfere with the attainment or maintenance of any NAAQS.
Vicinity transitioned to natural gas beginning in 2016 and ceased
burning coal completely in 2017, which significantly reduced its
SO2 emissions and impacts on the Troost monitor. The Troost
monitor came into compliance with the 2010 1-hour SO2
standard during 2015-2017 following Vicinity's cessation of coal
burning, and the monitor has remained in compliance since that time.
Given the well-established correlation of much lower SO2
emissions and SO2 concentrations at the Troost monitor after
Vicinity ceased burning coal, the EPA anticipates that the 2010 1-hour
SO2 NAAQS will continue to be attained. See Table 1 for
recent monitoring data trends at this monitor.
The State's initial modeling demonstration in the February 2021
maintenance plan assumed that Vicinity burns natural gas in boilers 1A,
6 and 8 and fuel oil with a sulfur content of 100 ppm in boiler 7.
Boiler 7 was not modeled as running on natural gas because the natural
gas requirement for Boiler 7 is only found in Vicinity's operating
permit, which would not be considered permanent since Title V permits
are only effective for five years and therefore must be renewed every
five years. In the September 2021 maintenance plan supplement, the
State updated the modeling demonstration based on the provision of the
Consent Agreement allowing Vicinity to burn ULSD with a sulfur content
of 15 ppm in all four of its boilers. Both the initial maintenance plan
modeling demonstration and the updated modeling demonstration submitted
with the maintenance plan supplement show compliance with the 2010
SO2 standard throughout the entire Jackson County
nonattainment area.
In addition to the Vicinity facility, the State explicitly modeled
all permitted emission sources inside the nonattainment area based on
assuming continuous operation at their maximum permitted emission
levels for the five-year period from 2014-2018. These are the same
sources located in the nonattainment area that were included in the
clean data determination modeling analysis for the Jackson County
SO2 nonattainment area. The State also explicitly modeled
two sources located outside the nonattainment area: The Evergy-Hawthorn
power plant (Hawthorn) and the Ingredion facility, which produces
modified corn starches and other food ingredients. Hawthorn was modeled
as a nearby source per the EPA guidelines listed in Table 8.1 of 40 CFR
part 51, appendix W, which states that nearby sources should be modeled
based on their allowable emission rate, with adjustments to reflect
actual operational levels. Ingredion was modeled at its maximum
allowable emission rate, which is the same method used for all
permitted sources located inside the nonattainment area. The only
difference between the initial modeling demonstration submitted with
the February 2021 maintenance plan and the September 2021 updated
modeling demonstration is the derivation of Vicinity's emission rates
as described above.
The EPA is proposing to find that the modeling results demonstrate
attainment and continued maintenance of the NAAQS and that the air
quality improvement in the Jackson County SO2 nonattainment
area is due to permanent and enforceable reductions in emissions.
Please see the TSD for details of the modeling inputs and additional
discussion of the air quality modeling. The input files used in the
modeling demonstration are available by request from the contact listed
in the FOR FURTHER INFORMATION CONTACT section of this document.
Criterion (4)--The Jackson County SO2 Nonattainment Area Has a Fully
Approved Maintenance Plan Pursuant to Section 175A of the CAA
To redesignate a nonattainment area to attainment, the CAA requires
the EPA to determine that the area has a fully approved maintenance
plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Jackson County SO2 nonattainment area to attainment for the
2010 1-hour SO2 NAAQS, the State submitted a SIP revision to
provide for the maintenance of the 2010 1-hour SO2 NAAQS for
at least 10 years after the effective date of redesignation to
attainment. The EPA is proposing to find that this maintenance plan for
the area meets the requirements for approval under section 175A of the
CAA.
a. What is required in a maintenance plan?
CAA section 175A sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least 10 years after the Administrator approves
a redesignation request to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as the EPA deems necessary to assure prompt
correction of any future 2010 1-hour SO2 violations. The
Calcagni Memo provides further guidance on the content of a maintenance
plan, explaining that a maintenance plan should address five
requirements: The attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. As is discussed more fully later in this section, the
EPA is proposing to determine that Missouri's maintenance plan includes
all the necessary components and is thus proposing to approve it as a
revision to the Missouri SIP.
b. Attainment Emissions Inventory
As part of a State's maintenance plan, the air agency should
develop an attainment inventory to identify the level of emissions in
the affected area which is enough to attain and maintain the
SO2 NAAQS.\26\ The EPA is proposing to approve that Missouri
has met this requirement through modeling of permanent and enforceable
emission limits that will result in continued attainment and
maintenance of the NAAQS. Missouri also provided emissions inventories
as part of the maintenance plan. Specifically, Missouri selected 2017
as the attainment emissions inventory year for developing an emissions
inventory for SO2 in the nonattainment area through the 10-
year maintenance period. Please see the TSD included in the docket for
this action for details of the base year and attainment year emissions
inventories and the EPA's review of these inventories. The TSD also
details the EPA's review of the modeling demonstration provided by
Missouri which forms the basis for the EPA's approval of this
maintenance plan requirement.
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\26\ See 2014 SO2 Guidance, at page 66.
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c. Maintenance Demonstration
The Calcagni memo describes two ways for a State to demonstrate
maintenance of the NAAQS for a period of at least 10 years following
the redesignation of the area: (1) The State can show that future
emissions of a pollutant will not exceed the level of the attainment
inventory, or (2) the State
[[Page 59081]]
can model to show that the future mix of sources and emission rates
will not cause a violation of the standard. The memo goes on to say
that areas that are required to model to demonstrate attainment of the
standard should complete the same level of modeling to demonstrate that
the permanent and enforceable emissions are enough to maintain the
standard. The State performed several modeling iterations to
demonstrate that the standard will be maintained. In its February 2021,
and September 2021, supplemental modeling, Missouri has demonstrated
maintenance by modeling all sources inside of the nonattainment area at
their permanent, enforceable, allowable emission rates; nearby sources
at their permanent, enforceable, allowable emission rates (with actual
operating conditions for 2014-2018 for the Hawthorn power plant); and
other sources addressed through the use of a background concentration.
The EPA proposes that the supplemental modeling provided by Missouri
demonstrates the standard will be attained and maintained for at least
10 years following redesignation of the area, consistent with the
second method outlined in the Calcagni memo by which a State may
demonstrate maintenance of the NAAQS. Please see the TSD for details of
the modeling inputs, results and the EPA's review of them. The EPA is
proposing to approve Missouri's maintenance plan including the
supplemental modeling as meeting the maintenance demonstration
requirement.
d. Monitoring Network
Missouri has committed to continue operating the ``appropriate
SO2 network in the Jackson County nonattainment area'' in
accordance with the requirements of 40 CFR part 58, and approved annual
monitoring network plans, to verify the attainment status of the area.
The State committed to quality assure the data in accordance with 40
CFR part 58 and submit the data to the EPA's air quality system (AQS).
The maintenance plan, consistent with the State's 2020 annual ambient
monitoring network plan, indicate that the Troost monitor is the only
State and Local Air Monitoring Station (SLAMS) or SLAMS-like monitor
operational in the nonattainment area.\27\
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\27\ See Missouri's 2020 Ambient Monitoring Network Plan
contained in the docket for this action.
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e. Verification of Continued Attainment
Each air agency should ensure that it has the legal authority to
implement and enforce all measures necessary to attain and maintain the
2010 SO2 NAAQS. The air agency's submittal should indicate
how it will track the progress of the maintenance plan for the area
either through air quality monitoring or modeling.\28\
---------------------------------------------------------------------------
\28\ See 2014 SO2 Guidance at pages 67-68.
---------------------------------------------------------------------------
Missouri has the legal authority to enforce and implement the
maintenance plan for the Jackson County 2010 SO2
nonattainment area. This includes the authority to adopt, implement,
and enforce any subsequent emissions control contingency measures
determined to be necessary to correct future SO2 attainment
problems.\29\ As noted, the State will track the progress of the
maintenance plan by continuing to operate the Troost monitor.
Additionally, the State committed to provide future inventory updates
to track emissions during the 10-year maintenance period. State
Regulation 10 CSR 10-6.110, Reporting Emission Data, Emission Fees, and
Process Information, (which is SIP approved) requires that all
installations with a construction or operating permit report its annual
emissions to the State. The methods for calculating and reporting
emissions are detailed in each installation's applicable permit. The
data collected on emissions inventory questionnaires from permitted
sources form the basis of the point source emissions inventory that is
compiled annually.\30\ In addition, in compliance with the EPA's Air
Emissions Reporting Requirements [80 FR 8787], Missouri develops a
comprehensive emissions inventory of point, area, and mobile sources
every 3 years. This triennial inventory compiled by the State is
contained in the EPA's national emissions inventory (NEI) which is made
publicly available every 3 years. For these reasons, the EPA is
proposing to find that Missouri's maintenance plan meets the
``Verification of Continued Attainment'' requirement.
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\29\ The EPA last determined that Missouri's SIP was sufficient
to meet the requirements of section 110(a)(2)(E)(i) of the CAA on
March 22, 2018 (83 FR 12496).
\30\ This information is available to the EPA or members of the
public upon request from the State of Missouri.
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f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as the EPA deems necessary to assure that the
State will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the State. A State
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must also include a requirement that a State will implement all
measures with respect to control of the pollutant that were contained
in the SIP before redesignation of the area to attainment in accordance
with section 175A(d).
The contingency plan includes a triggering mechanism to determine
when contingency measures are needed and a process of developing and
implementing appropriate control measures. The triggering mechanisms
contained in the maintenance plan are based on monitoring data from the
Troost monitor. The EPA proposes to find it appropriate to rely on
monitoring data to trigger the contingency plan because the Troost
monitor is being relied upon to demonstrate continued maintenance in
the area as discussed in the Monitoring Network section of this
document.
The State listed two types of triggers of its contingency plan. The
first, a ``warning level response,'' will be triggered by a 99th
percentile of daily maximum 1-hour average SO2
concentrations greater than 90 ppb in a single calendar year in the
Jackson County maintenance area. The second, an ``action level
response,'' will be triggered if a violation of the NAAQS is recorded
in the Jackson County maintenance area, specifically if the 3-year
average of annual 99th percentile daily maximum 1-hour concentrations
is 76 ppb or higher.
If the warning level response is triggered, a study must be
completed to determine whether the monitored SO2 value
indicates a trend toward higher concentrations in the Jackson County
maintenance area. Specifically, the study will evaluate whether
emissions appear to be increasing and whether control measures are
needed to reverse the trend. The study shall be completed as
expeditiously as possible, but no later than 12 months after the State
has determined that a warning level response has been triggered. Any
necessary control measures would be implemented within 24 months of the
submission of certified monitoring data triggering the warning level
response.
If the action level response is triggered and is not due to an
exceptional event as defined at 40 CFR 50.1(j), measures to address the
violation shall be implemented as expeditiously as possible, but no
later than 24 months after quality-assured
[[Page 59082]]
ambient data has been entered into the AQS database indicating that
this trigger has occurred. If the exceedance is not due to an
exceptional event, malfunction, or noncompliance with a permit
condition or rule requirement, the State will conduct a study to
determine additional control measures needed to return the area to
attainment of the 2010 SO2 standard. The study will be
completed within six months following the action-level trigger. The
study would identify local sources causing the elevated SO2
concentrations and address the issue through potential contingency
measures including new SO2 emission control requirements,
fuel-switching requirements, stack reconfigurations, or new operating
limits imposed through permit conditions, consent agreements or rules.
Another contingency measure option is the implementation of partial or
full nonattainment NSR permitting for new or modified major sources of
SO2 in the Jackson County SO2 nonattainment area.
The State would implement the selected contingency measures as
expeditiously as practicable, but not later than 24 months after an
action-level trigger has occurred.
The EPA is proposing to find that Missouri's maintenance plan meets
the ``Contingency Measures'' requirement.
The EPA proposes to conclude that the maintenance plan adequately
addresses the five basic components of a maintenance plan: The
attainment emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a contingency plan.
Therefore, the EPA proposes to find that the maintenance plan SIP
revision submitted by Missouri for the Jackson County 2010
SO2 nonattainment area meets the requirements of section
175A of the CAA and proposes to approve the plan.
VI. What are the actions the EPA is proposing to take?
The EPA is proposing to approve the maintenance plan for the
Jackson County 2010 SO2 1-hour NAAQS nonattainment area into
the Missouri SIP (as compliant with CAA section 175A). The maintenance
plan demonstrates that the area will continue to maintain the 2010 1-
hour SO2 NAAQS and includes a process to select identified
potential contingency measures to remedy any future violations of the
2010 1-hour SO2 NAAQS and procedures for evaluation of
potential violations.
Additionally, the EPA is proposing to determine that the Jackson
County 2010 SO2 1-hour NAAQS nonattainment area has met the
criteria under CAA section 107(d)(3)(E) for redesignation from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS.
On this basis, the EPA is proposing to approve Missouri's redesignation
request for the area. Final approval of Missouri's redesignation
request would change the legal designation of the portion of Jackson
County designated nonattainment at 40 CFR part 81 to attainment for the
2010 1-hour SO2 NAAQS.
VII. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. Area designations address environmental
justice concerns by ensuring that the public is properly informed about
the air quality in an area. If an area is designated nonattainment of
the NAAQS, the CAA provides for the EPA to redesignate the area to
attainment upon a demonstration by the state authority that air quality
is attaining the NAAQS and will continue to maintain the NAAQS in order
to ensure that all those residing, working, attending school, or
otherwise present in those areas are protected, regardless of minority
and economic status. This action addresses a redesignation
determination for the Jackson County, Missouri area. Under CAA section
107(d)(3), the redesignation of an area to attainment/unclassifiable is
an action that affects the status of a geographical area and does not
impose any additional regulatory requirements on sources beyond those
imposed by state law. As discussed in this document and the associated
technical support document, Missouri has demonstrated that the air
quality in the Jackson County area is attaining the NAAQS and will
continue to maintain the NAAQS. Therefore, this proposed action does
not result in disproportionately high and adverse human health or
environmental effects on minority populations, low-income populations
and/or indigenous peoples.
VIII. Incorporation by Reference
In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the Missouri State Implementation Plan described in the
proposed amendments to 40 CFR part 52 set forth below. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 7 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
IX. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), redesignation of an area to
attainment and the accompanying approval of a maintenance plan are
actions that affect the status of a geographical area and do not impose
additional regulatory requirements on sources beyond those imposed by
State law. A redesignation to attainment does not in and of itself
create any new requirements, but rather results in the applicability of
requirements contained in the CAA for areas that have been redesignated
to attainment. Moreover, 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, the EPA's role is to approve State choices,
if they meet the criteria of the CAA. Accordingly, these actions merely
approve State law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by State law. For these
reasons, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
[[Page 59083]]
This action does not have disproportionately high and
adverse human health or environmental effects on minority populations,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for
this determination is contained in Section VII of this action,
``Environmental Justice Concerns.''
The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Maintenance plan, Redesignation, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, Designations,
Intergovernmental relations, Redesignation, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: October 12, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 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. In Sec. 52.1320:
0
a. The table in paragraph (d), as proposed to be amended at 86 FR
34177, June 29, 2021, is further amended by adding the entry ``(35)''
in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(81)''
in numerical order.
The additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
Order/permit State effective
Name of source number date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(35) Vicinity Energy-Kansas City Consent Agreement 6/25/2021........ [Date of ...................
No. APCP-2021-007. publication of
the final rule in
the Federal
Register],
[Federal Register
citation of the
final rule].
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic EPA approval
revision or nonattainment area State submittal date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(81) Jackson County 1-hour SO2 Jackson County........ 2/18/2021; 9/7/2021. [Date of This action
NAAQS Maintenance Plan and publication of approves the
Maintenance Plan Supplement. the final rule Maintenance
in the Federal Plan and the
Register], Maintenance
[Federal Plan Supplement
Register for the Jackson
citation of the County area.
final rule].
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.1343, add paragraph (c) to read as follows:
Sec. 52.1343 Control strategy: Sulfur dioxide.
* * * * *
(c) Redesignation to attainment. As of [date 30 days after
publication of the final rule in the Federal Register], the Jackson
County 2010 SO2 nonattainment area is redesignated to
attainment of the 2010 SO2 1-hour National Ambient Air
Quality Standard (NAAQS) in accordance with the requirements of Clean
Air Act (CAA) section 107(d)(3) and EPA has approved its maintenance
plan and maintenance plan supplement as meeting the requirements of CAA
section 175A.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. 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
5. In Sec. 81.326, revise the entry ``Jackson County, MO'' in the
table entitled ``Missouri--2010 Sulfur Dioxide NAAQS [Primary]'' to
read as follows:
Sec. 81.326 Missouri.
* * * * *
[[Page 59084]]
Missouri--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area \1\ ---------------------------------------
Date \2\ Type
------------------------------------------------------------------------
Jackson County, MO.............. [Date 30 days Attainment.
after date of
publication of
the final rule
in the Federal
Register].
Jackson County (part)
The portion of Jackson
County bounded by I-70/
I-670 and the Missouri
River to the north;
and, to the west of I-
435 to the state line
separating Missouri and
Kansas.
* * * * * * *
------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise
specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in
the designation area is not a determination that the state has
regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2021-22746 Filed 10-25-21; 8:45 am]
BILLING CODE 6560-50-P
