Air Plan Approval; Missouri Redesignation Request and Associated Maintenance Plan for the Jackson County 2010 SO2, 4812-4815 [2022-01649]
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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations
on tribal governments or preempt tribal
law as specified by Executive Order
13175. Nonetheless, the EPA notified
the San Carlos Apache Tribe of the San
Carlos Reservation, which borders the
eastern boundary of the Hayden Pb and
Hayden SO2 NAAs, of this action.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because the effect of this action is to
trigger additional planning requirements
under the CAA. This action does not
establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
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K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
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L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 1, 2022. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Pollution, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898. The documentation for this
decision is contained in section III of
this document. The docket for this
rulemaking action includes a summary
of environmental justice indicators for
communities in the Hayden and Miami
areas obtained using the EPA’s
EJSCREEN tool.
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Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Dated: January 21, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends chapter I,
title 40 of the Code of Federal
Regulations as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.125 is amended by
adding paragraph (h) to read as follows:
■
§ 52.125 Control strategy and regulations:
Sulfur Oxides
*
*
*
*
*
(h) Effective March 2, 2022, the EPA
has determined that the Hayden and
Miami nonattainment areas failed to
attain the 2010 1-hour primary sulfur
dioxide (SO2) national ambient air
quality standards (NAAQS) by the
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applicable attainment date of October 4,
2018. This determination triggers the
requirements of CAA section 179(d) for
the State of Arizona to submit a revision
to the Arizona SIP for the Hayden and
Miami nonattainment areas to the EPA
by January 31, 2023. The SIP revision
must, among other elements, provide for
attainment of the 1-hour primary SO2
NAAQS in the Hayden and Miami SO2
NAAs as expeditiously as practicable
but no later than January 31, 2027.
■ 3. Section 52.127 is added to read as
follows:
§ 52.127
Lead.
Control strategy and regulations:
(a) Effective March 2, 2022, the EPA
has determined that the Hayden
nonattainment area failed to attain the
2008 primary and secondary lead (Pb)
national ambient air quality standards
(NAAQS) by the applicable attainment
date of October 3, 2019. This
determination triggers the requirements
of CAA section 179(d) for the State of
Arizona to submit a revision to the
Arizona SIP for the Hayden
nonattainment area to the EPA by
January 31, 2023. The SIP revision must,
among other elements, provide for
attainment of the 2008 Pb NAAQS in
the Hayden Pb NAA as expeditiously as
practicable but no later than January 31,
2027.
(b) [Reserved]
[FR Doc. 2022–01595 Filed 1–28–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R07–OAR–2021–0667; FRL–9105–02–
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: Final 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
SUMMARY:
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September 7, 2021. In response to these
submittals, the EPA is taking the
following final 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 addresses 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: This final rule is effective on
March 2, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0667. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
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
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I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What are the actions the EPA is taking?
IV. Environmental Justice Concerns
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
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
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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. The EPA’s proposal at 86
FR 59075 [October 26, 2021] discusses
the EPA’s review of the redesignation
request, the maintenance plan, and the
maintenance plan supplement
(including the Consent Agreement and
updated modeling demonstration) and
provides support for the EPA’s proposed
approval of the request to redesignate
the area to attainment and for proposed
approval of the 10-year maintenance
plan. Additional analysis of the
redesignation request, 10-year
maintenance plan, Consent Agreement,
and supplemental modeling information
is provided in a Technical Support
Document (TSD) included in this
docket. The public comment period on
the EPA’s proposed rule opened on
October 26, 2021, the date of its
publication in the Federal Register and
closed on November 26, 2021. During
this period, the EPA received no
comments.
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 State provided
public notice on the February 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 it to
the EPA. Missouri held a public hearing
for the September 2021 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 on the maintenance plan
supplement.
In addition, as explained in the EPA’s
proposed rule (and in more detail in the
technical support document which is
included in the docket for this action),
the revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
III. What are the actions the EPA is
taking?
The EPA is taking final action to
approve the maintenance plan for the
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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
develop 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 taking final
action 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
approving Missouri’s redesignation
request for the area and changing 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.
IV. 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.
The EPA utilized the EJSCREEN tool
to evaluate environmental and
demographic indicators within the area.
The tool outputs are contained in the
docket for this action. The demographic
indicators from EPA’s EJSCREEN tool
demonstrate that there are vulnerable
populations in the area, including
people of color, low-income
populations, linguistically isolated
populations, and populations with less
than high school-level education.
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
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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. For these
reasons, this action does not result in
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples.
V. Incorporation by Reference
In this document, the EPA is
amending regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference of the
Missouri State Implementation Plan
described in the 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
document for more information).
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VI. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve State choices, if 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
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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
• 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 IV 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 1, 2022. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects
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: January 14, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320:
a. The table in paragraph (d) is
amended by adding the entry ‘‘(35)’’ in
numerical order.
■ b. The table in paragraph (e) is
amended by adding the entry ‘‘(82)’’ in
numerical order.
The additions read as follows:
■
■
§ 52.1320
*
Identification of plan.
*
*
(d) * * *
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*
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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations
EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
State
effective
date
Name of source
Order/permit No.
*
*
(35) Vicinity Energy—Kansas City .......
*
*
Consent Agreement No. APCP–2021–
007.
EPA approval date
*
6/25/2021
Explanation
*
1/31/2022 [insert Federal
Register citation].
*
(e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory
SIP revision
Applicable geographic or
nonattainment area
*
*
(82) Jackson County 1-hour SO2
NAAQS Maintenance Plan and
Maintenance Plan Supplement.
*
Jackson County .................
3. In § 52.1343, add paragraph (d) to
read as follows:
■
§ 52.1343
Control strategy: Sulfur dioxide.
*
*
*
*
*
(d) Redesignation to attainment. As of
March 2, 2022, 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)
State
submittal
date
*
2/18/2021;
9/7/2021
EPA approval date
Explanation
*
1/31/2022, [insert Federal
Register citation].
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
4. The authority citation for part 81
continues to read as follows:
■
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:
■
§ 81.326
*
Authority: 42 U.S.C. 7401, et seq.
*
*
This action approves the Maintenance Plan and the Maintenance Plan Supplement for the
Jackson County area.
Missouri.
*
*
*
*
MISSOURI—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
Date 2
Jackson County, MO ...............................................................................................................................................
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.
*
*
*
*
*
3/2/2022
*
Type
Attainment.
*
1Includes
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.
*
*
*
*
*
Final rule.
DEPARTMENT OF THE INTERIOR
ACTION:
Office of the Secretary of the Interior
SUMMARY:
[FR Doc. 2022–01649 Filed 1–28–22; 8:45 am]
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BILLING CODE 6560–50–P
43 CFR Part 10
[NPS–WASO–NAGPRA–33240;
PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024–AE69
Civil Penalties Inflation Adjustments
AGENCY:
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Office of the Secretary, Interior.
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This rule revises U.S.
Department of the Interior regulations
implementing the Native American
Graves Protection and Repatriation Act
to provide for annual adjustments of
civil penalties to account for inflation
under the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 and Office of Management
and Budget guidance. The purpose of
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]]>Agencies
[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Rules and Regulations]
[Pages 4812-4815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01649]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2021-0667; FRL-9105-02-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: Final 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
[[Page 4813]]
September 7, 2021. In response to these submittals, the EPA is taking
the following final 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 addresses
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: This final rule is effective on March 2, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0667. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
FOR FURTHER INFORMATION CONTACT: 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. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What are the actions the EPA is taking?
IV. Environmental Justice Concerns
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
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 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. The EPA's proposal at 86 FR 59075 [October 26, 2021]
discusses the EPA's review of the redesignation request, the
maintenance plan, and the maintenance plan supplement (including the
Consent Agreement and updated modeling demonstration) and provides
support for the EPA's proposed approval of the request to redesignate
the area to attainment and for proposed approval of the 10-year
maintenance plan. Additional analysis of the redesignation request, 10-
year maintenance plan, Consent Agreement, and supplemental modeling
information is provided in a Technical Support Document (TSD) included
in this docket. The public comment period on the EPA's proposed rule
opened on October 26, 2021, the date of its publication in the Federal
Register and closed on November 26, 2021. During this period, the EPA
received no comments.
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
State provided public notice on the February 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 it to the EPA. Missouri held a
public hearing for the September 2021 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 on the maintenance plan supplement.
In addition, as explained in the EPA's proposed rule (and in more
detail in the technical support document which is included in the
docket for this action), the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
III. What are the actions the EPA is taking?
The EPA is taking final action 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 develop
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 taking final action 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 approving Missouri's redesignation request
for the area and changing 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.
IV. 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.
The EPA utilized the EJSCREEN tool to evaluate environmental and
demographic indicators within the area. The tool outputs are contained
in the docket for this action. The demographic indicators from EPA's
EJSCREEN tool demonstrate that there are vulnerable populations in the
area, including people of color, low-income populations, linguistically
isolated populations, and populations with less than high school-level
education.
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
[[Page 4814]]
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. For these reasons, this action
does not result in disproportionately high and adverse human health or
environmental effects on minority populations, low-income populations
and/or indigenous peoples.
V. Incorporation by Reference
In this document, the EPA is amending regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the
Missouri State Implementation Plan described in the 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 document for more
information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, if 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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
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 IV 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 1, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects
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: January 14, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320:
0
a. The table in paragraph (d) is amended by adding the entry ``(35)''
in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(82)''
in numerical order.
The additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
[[Page 4815]]
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit No. effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(35) Vicinity Energy--Kansas City Consent Agreement 6/25/2021 1/31/2022 [insert
No. APCP-2021-007. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
revision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(82) Jackson County 1-hour SO2 Jackson County...... 2/18/2021; 1/31/2022, [insert This action approves
NAAQS Maintenance Plan and 9/7/2021 Federal Register the Maintenance
Maintenance Plan Supplement. citation]. Plan and the
Maintenance Plan
Supplement for the
Jackson County
area.
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.1343, add paragraph (d) to read as follows:
Sec. 52.1343 Control strategy: Sulfur dioxide.
* * * * *
(d) Redesignation to attainment. As of March 2, 2022, 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.
* * * * *
Missouri--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area \1\ ---------------------------------------
Date \2\ Type
------------------------------------------------------------------------
Jackson County, MO.............. 3/2/2022 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. 2022-01649 Filed 1-28-22; 8:45 am]
BILLING CODE 6560-50-P
