Air Plan Approval; MO; Marginal Nonattainment Plan for the St. Louis Area for the 2015 8-Hour Ozone Standard, 74573-74577 [2022-26503]

Download as PDF Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. M. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under the ‘‘Public Participation and Request for Comments’’ section of this preamble. This proposed rule would be categorically excluded under paragraph L54 of Appendix A, Table 1 of DHS Instruction Manual 023–01(series). Paragraph L54 pertains to regulations that are editorial or procedural. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 105 Maritime security, Reporting and recordkeeping requirements, Security measures. For the reasons listed in the preamble, the Coast Guard proposes to amend 33 CFR part 105 as follows: PART 105—MARITIME SECURITY: FACILITIES 1. The authority citation for part 105 continues is revised as follows: ■ Authority: 46 U.S.C. 70034, 70103, 70116; Sec. 811, Public Law 111–281, 124 Stat. 2905; 33 CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Amend § 105.253 by revising paragraphs (a)(2) through (4) to read as follows: ■ lotter on DSK11XQN23PROD with PROPOSALS1 § 105.253 facilities. Risk Group classifications for (a) * * * (2) Beginning May 8, 2026: Facilities that handle Certain Dangerous Cargoes (CDC) in bulk and transfer such cargoes from or to a vessel. (3) Beginning May 8, 2026: Facilities that handle CDC in bulk, but do not transfer it from or to a vessel. VerDate Sep<11>2014 17:01 Dec 05, 2022 Jkt 259001 (4) Beginning May 8, 2026: Facilities that receive vessels carrying CDC in bulk but, during the vessel-to-facility interface, do not transfer it from or to the vessel. * * * * * Dated: November 30, 2022. Linda Fagan, Admiral, U.S. Coast Guard, Commandant. [FR Doc. 2022–26493 Filed 12–5–22; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2022–0880; FRL–10388– 01–R7] Air Plan Approval; MO; Marginal Nonattainment Plan for the St. Louis Area for the 2015 8-Hour Ozone Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Missouri Department of Natural Resources (MoDNR) on September 8, 2021, and supplemented on April 8, 2022, as meeting the Marginal nonattainment area requirements for the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS or standard) for the Missouri portion of the St. Louis, MO– IL nonattainment area (‘‘St. Louis area’’ or ‘‘area’’). The EPA is proposing this action pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before January 5, 2023. ADDRESSES: You may send comments, identified by Docket ID No. EPA–R07– OAR–2022–0880 at 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: Ashley Keas, Environmental Protection Agency, Region 7 Office, Air Quality SUMMARY: PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 74573 Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7629; email address: keas.ashley@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. Written Comments II. What is the background for this proposed action? III. What is the EPA’s analysis of Missouri’s submission? IV. Have the requirements for approval of a SIP revision been met? V. What action is the EPA proposing to take? VI. Environmental Justice Considerations VII. Statutory and Executive Order Reviews I. Written Comments Submit your comments, identified by Docket ID No. EPA–R07–OAR–2022– 0880, at https://www.regulations.gov. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. II. What is the background for this proposed action? EPA has determined that ground-level ozone is detrimental to human health. On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26, 2015). Under EPA’s regulations at 40 Code of Federal Regulations (CFR) part 50, the 2015 ozone NAAQS is attained in an area when the 3-year average of the annual fourth highest daily maximum 8-hour average concentration is equal to or less than 0.070 ppm, when truncated after the thousandth decimal place, at all ozone monitoring sites in the area. See E:\FR\FM\06DEP1.SGM 06DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 74574 Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules 40 CFR 50.19 and appendix U to 40 CFR part 50. Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) of the CAA requires EPA to designate as nonattainment any areas that are violating the NAAQS, based on the most recent 3 years of quality assured ozone monitoring data. On April 30, 2018, EPA designated the St. Louis, MO–IL bistate area as Marginal nonattainment for the 2015 Ozone NAAQS (83 FR 25776). The area included Boles Township of Franklin County, St. Charles County, St. Louis County, and St. Louis City in Missouri, and Madison and St. Clair Counties in Illinois. As part of that same action, EPA designated Jefferson County and the remaining portion of Franklin County, in Missouri, and Monroe County in Illinois, as attainment/ unclassifiable. On July 10, 2020, the District of Columbia Circuit Court remanded the Jefferson County, Missouri, and Monroe County, Illinois, designations (among other designations) to the EPA. The Court upheld EPA’s designation of Boles Township as nonattainment and the remainder of Franklin County as attainment/ unclassifiable. In response to the Court remand, the EPA revised the Jefferson County, Missouri, and Monroe County, Illinois designation to nonattainment on May 26, 2021 (86 FR 31438). On October 7, 2022, the EPA published a final rulemaking including EPA’s determination of whether areas designated as Marginal nonattainment for the 2015 8-hour ozone NAAQS attained by the applicable attainment date of August 3, 2021 (87 FR 60897). In that document, the EPA determined the St. Louis bi-state area, among other areas, failed to attain by the attainment date based on the monitoring data available as of the attainment date, for the 2018–2020 time period. In that time period, the highest design value in the St. Louis area was 0.071 ppm which is above the level of the standard, 0.70 ppm. As a result of EPA’s determination that the St. Louis area failed to attain by the Marginal attainment date, the area is reclassified to Moderate nonattainment, effective November 7, 2022. Moderate nonattainment areas must attain by August 3, 2024 and submit a Moderate nonattainment area plan and its required elements by January 1, 2023. The CAA requirements applicable to Marginal ozone nonattainment areas continue to apply to Missouri despite the reclassification to Moderate. Missouri’s submission to meet the Marginal ozone nonattainment area requirements is the subject of this action. VerDate Sep<11>2014 17:01 Dec 05, 2022 Jkt 259001 III. What is the EPA’s analysis of Missouri’s submission? Section 172(c) of the CAA sets forth the basic requirements of air quality plans for states with nonattainment areas that are required to submit them pursuant to section 172(b). Subpart 2 of part D, which includes section 182 of the CAA, establishes specific requirements for ozone nonattainment areas depending on the areas’ nonattainment classifications. The St. Louis area was classified as Marginal under subpart 2 for the 2015 ozone NAAQS at the time of its nonattainment designation. At the time of Missouri’s September 2021 SIP submission, the area was subject to the relevant requirements of subpart 1 contained in section 172(c) and section 176. Similarly, the area was subject to the subpart 2 requirements contained in section 182(a) (Marginal nonattainment area requirements). A thorough discussion of the requirements contained in section 172(c) and 182 can be found in the April 16, 1992, General Preamble for the Implementation of Title I of the CAA Amendments of 1990 (57 FR 13498) and the April 28, 1992 supplement (57 FR 18070). As provided in subpart 2, for Marginal ozone nonattainment areas, the specific requirements of section 182(a) apply in lieu of the attainment planning requirements that would otherwise apply under section 172(c), including the attainment demonstration and reasonably available control measures (RACM) under section 172(c)(1), reasonable further progress (RFP) under section 172(c)(2), and contingency measures under section 172(c)(9).1 Section 172(c)(3) requires submission and approval of a comprehensive, accurate and current inventory of actual emissions. This requirement is superseded by the inventory requirement in section 182(a)(1) discussed below. Section 172(c)(4) requires the identification and quantification of allowable emissions for major new and modified stationary sources 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 EPA most recently approved Missouri’s New Source Review (NSR) program on August 11, 2022 (87 FR 49530).2 42 U.S.C. 7511a(a). its August 2022 action, the EPA partially approved and partially disapproved Missouri’s SIP revision related to state rule 10 CSR 10–6.060. In the August 2022 action, the EPA disapproved one provision related to voluntary permits and CAA section 172(b) requires states to submit SIPs meeting the requirements of section 172(c) no later than 3 years from the date of the nonattainment designation. For the St. Louis nonattainment area, the Marginal nonattainment area plan elements required under CAA section 172 and 182 were due August 3, 2021. Missouri submitted the requisite plan elements on September 8, 2021. In this action, the EPA is proposing to approve the September 8, 2021 submission from Missouri as meeting the relevant requirements of CAA section 172 and 182. Section 182(a)(2)(C) requires states to implement a permitting program requiring permits for the construction and operation of new or modified major stationary sources anywhere in the nonattainment area. In its September 2021 submission, MoDNR confirms it has a fully-approved and fullyimplemented Part D NSR permitting program for new major sources and significant modifications of existing sources enabled by SIP-approved state rule 10 Code of State Regulations (CSR) 10–6.060 Construction Permits Required. Missouri also notes it has been delegated full authority to implement its NSR program by the EPA. Section 182(a)(3)(A) requires states to submit revised emission inventories every three years until the area is redesignated to attainment. Section 182(a)(3)(B) requires a revision to the SIP to require the owners or operators of stationary sources to annually submit emission statements documenting actual VOC and NOX emissions. In its September 2021 submission, MoDNR committed to providing future updates to its emissions inventory at least once every 3 years to meet the requirement of section 182(a)(3)(A). To meet the requirement of section 182(a)(3)(B), the state certified that SIP-approved state rule 10 CSR 10–6.110 requires annual emissions statements from permitted sources in the state. Section 182(a)(4) requires establishing a Marginal Area emission offset reduction ratio of 1.1:1 for VOC emissions. As noted in MoDNR’s September 2021 SIP revision, the requirement for emission offset reductions is part of Missouri’s NSR program and codified in the state’s regulations at 10 CSR 10–6.060(7)(C)1. The corresponding offset ratio for each ozone area classification (i.e. 1.1:1 for Marginal) is found in the Federal code 1 See 2 In PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 approved the remainder of the SIP revision. For purposes of this action, the EPA notes this partial disapproval does not affect the state’s ability to continue implementation of its SIP-approved NSR program. E:\FR\FM\06DEP1.SGM 06DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules 74575 at 40 CFR 51.165(a)(9). Thus, Missouri has satisfied the CAA section 182(a)(4) requirement for Marginal Area Plan submissions in establishing a Marginal Area emission offset reduction ratio of 1.1:1 in its NSR program by SIPapproved rule consistent with the corresponding Federal code. As noted above, section 182(a)(1) requires states to submit a comprehensive, accurate, and current inventory of actual emissions from sources of volatile organic compounds (VOCs) and nitrogen oxides (NOX) emitted within the boundaries of the ozone nonattainment area. The state’s ‘‘Marginal Area Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 2015 8-Hour Ground Level Ozone National Ambient Air Quality Standard’’ submitted by the state on September 8, 2021, and supplemented on April 8, 2022, included a 2017 base year emissions inventory for the Missouri portion of the St. Louis area. The EPA has reviewed Missouri’s emissions inventory submission and as discussed further below, is proposing to approve it as meeting the requirements of section 182(a)(1) of the CAA. The section 182(a)(1) base year inventory is defined in the SIP Requirements Rule as ‘‘a comprehensive, accurate, current inventory of actual emissions from sources of VOC and NOX emitted within the boundaries of the nonattainment area as required by CAA section 182(a)(1).’’ See 40 CFR 51.1300(p). The inventory year must be selected consistent with the baseline year for the RFP plan as required by 40 CFR 51.1310(b), the inventory must include actual ozone season day emissions as defined in 40 CFR 51.1300(q), and contain data elements consistent with the detail required by 40 CFR part 51, subpart A. See 40 CFR 51.1315(a), (c), and (e). In addition, the point source emissions included in the inventory must be reported according to the point source emissions thresholds of the Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart A. Missouri selected 2017 as the base year for the emissions inventories, which was the most recent calendar year for which a complete triennial inventory was required to be submitted to the EPA under 40 CFR part 51, subpart A, at the time of plan development. This base year is consistent with the regulations for 2015 ozone NAAQS nonattainment area base year emission inventory regulations. See 40 CFR 51.1315(a) and 51.1310(b). The emissions inventory is based on data developed and submitted by the MoDNR to EPA’s 2017 National Emissions Inventory (NEI), and it contains data elements consistent with the requirements of 40 CFR part 51, subpart A. Missouri’s emissions inventory for the St. Louis Area provides 2017 typical ozone season day emissions for NOX and VOC for the following general source categories: point sources, nonpoint or area sources, on-road mobile sources, and non-road mobile sources. MoDNR documents the methodology used to determine the typical ozone season day emissions by source category in the appendices to its September 2021 submittal, which is included in the docket for this action. Point sources are large, stationary, identifiable sources of emissions that release pollutants into the atmosphere. NOX and VOC emissions were calculated by using facility-specific emissions data reported to the 2017 NEI from sources that are required to submit inventory data according to the AERR. A detailed account of the point source emissions can be found in Appendix D to Missouri’s September 2021 submittal and Appendix E to Missouri’s April 2022 submittal. Area or nonpoint sources are small stationary sources of emissions, which due to their large number, collectively have significant emissions (e.g., dry cleaners, service stations). Emissions for these sources are estimated at the county level and were obtained from the 2017 NEI. A detailed account of the area or nonpoint source emissions can be found in Appendix C of Missouri’s September 2021 submittal and Appendix E to Missouri’s April 2022 submittal. On-road mobile sources include vehicles used on roads for transportation of passengers or freight. For the St. Louis area, on-road emissions inventories were developed using the latest version of EPA’s Motor Vehicle Emissions Simulator (MOVES), MOVES3, for each ozone nonattainment county. County level on-road emissions modeling was conducted using county- specific vehicle populations and other local data. A detailed account of the onroad source emissions and methodology can be found in Appendices A and B of Missouri’s September 2021 submittal and Appendix E to Missouri’s April 2022 submittal. Non-road mobile sources include vehicles, engines, and equipment used for construction, agriculture, recreation, and other purposes that do not use the roadways (e.g., lawn mowers, construction equipment, railroad locomotives, and aircraft). Missouri calculated emissions for most non-road sources using the MOVES model’s nonroad option. Estimated non-road emissions for commercial marine vessels, locomotives and aircraft are based on reported activity data. A detailed account of non-road mobile source emissions can be found in Appendix B of Missouri’s September 2021 submittal and Appendix E to Missouri’s April 2022 submittal. As noted in MoDNR’s submittal, the 2017 emission inventory is created at the annual level for most source categories. Missouri performed temporal allocation of emissions for all nonpoint, some nonroad and all event source categories using the Sparse Matrix Operator Kernel Emissions (SMOKE) model. For point source data, Missouri utilized reported data to estimate ozone season day emissions specific to each facility. For on-road and non-road emissions, the MOVES3 model provides an output at the temporal scale of total daily emissions. As described in MoDNR’s submittal, a typical weekday in July is selected as the representative typical ozone season day for these model runs. In its April 8, 2022, submittal, MoDNR provided an updated 2017 base year emissions inventory using the latest version of EPA’s MOVES3 model for on-road and non-road sources as well as updates to certain non-road categories. Section 7 and Appendix E of Missouri’s April 2022 SIP submission included in the docket for this action contain further information related to the updated 2017 nonattainment base year emissions inventory. Table 1 provides a summary of the nonattainment base year anthropogenic emissions inventories for the Missouri portion of the St. Louis area.3 3 This table contains the updated 2017 base year emissions inventory as contained in Table 23 on page 41 of Missouri’s April 2022 Submission titled, ‘‘Maintenance Plan for the St. Louis Nonattainment Area for the 2015 Ozone Standard’’ which is included in the docket for this action. In April 2022, Missouri separately submitted a redesignation request for the St. Louis area, that submittal also contained information on the updated 2017 base year inventory and is included in the docket for this action, it is titled, ‘‘Redesignation Request for the St. Louis Nonattainment Area for the 2015 Ozone Standard.’’ VerDate Sep<11>2014 17:01 Dec 05, 2022 Jkt 259001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1 74576 Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules TABLE 1—2017 EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA [Tons/ozone season day] Point Area On-road Non-road County NOX NOX VOC NOX VOC NOX VOC Boles Township, Franklin County .................................... Jefferson County .............................................................. St. Charles County ........................................................... St. Louis County .............................................................. St. Louis City .................................................................... 21.86 22.37 18.94 5.54 3.19 1.29 2.24 3.71 1.30 2.71 0.08 0.48 0.92 2.83 0.99 1.08 6.99 12.03 39.08 10.46 1.40 8.88 11.36 37.30 9.97 0.49 3.42 3.94 10.53 3.68 0.64 2.47 5.63 14.21 3.78 0.25 1.66 3.79 16.37 1.86 Total .......................................................................... 71.90 11.25 5.29 69.65 68.92 22.05 26.74 23.94 Missouri’s April 2022 submittal contains additional plan elements such as maintenance plan, contingency plan and attainment year inventory. In today’s action, the EPA is only proposing to approve the updated 2017 nonattainment base year emissions inventory as included in the April 2022 submittal as meeting the requirements of CAA section 182(a)(1) and is not acting on the other elements contained in the April 2022 submittal. The EPA has reviewed Missouri’s nonattainment base year emissions inventories for the St. Louis Area and proposes to approve them as meeting the requirements under CAA section 182(a)(1) and the SIP Requirements Rule for the 2015 8-hour ozone NAAQS, as well as the requirements in 40 CFR part 51, subpart A. Specifically, EPA proposes to approve Missouri’s Marginal nonattainment area plan as submitted on September 8, 2021 and supplemented on April 8, 2022, as meeting the Marginal nonattainment area requirements of CAA section 182(a) for the 2015 8-hour ozone NAAQS for the Missouri portion of the St. Louis area. IV. Have the requirements for approval of a SIP revision been met? lotter on DSK11XQN23PROD with PROPOSALS1 VOC 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 September 8, 2021, SIP revision from April 26, 2021, to June 3, 2021, and held a public hearing on May 27, 2021. During the public comment period, the State received three comments from the EPA. The State responds to the comments in its submittal and made changes to the plan as a result of the comments. The State provided public notice on the April 8, 2022, SIP revision from December 27, 2021, to February 3, 2022, and held a public hearing on January 27, 2022. During the public comment period, the VerDate Sep<11>2014 17:01 Dec 05, 2022 Jkt 259001 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); V. What action is the EPA proposing to • Does not impose an information take? collection burden under the provisions The EPA is proposing to approve a of the Paperwork Reduction Act (44 SIP revision submitted by the MoDNR U.S.C. 3501 et seq.); • Is certified as not having a on September 8, 2021, and significant economic impact on a supplemented on April 8, 2022, as substantial number of small entities meeting the Marginal nonattainment area requirements of CAA section 182(a) under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); for the 2015 8-hour ozone NAAQS for • Does not contain any unfunded the Missouri portion of the St. Louis mandate or significantly or uniquely area. affect small governments, as described VI. Environmental Justice in the Unfunded Mandates Reform Act Considerations of 1995 (Pub. L. 104–4); While EPA did not perform an area• Does not have Federalism specific environmental justice analysis implications as specified in Executive for purposes of this action, due to the Order 13132 (64 FR 43255, August 10, nature of the action being taken here, i.e. 1999); • Is not an economically significant to merely approve emissions inventories regulatory action based on health or and certifications regarding Missouri’s fully approved permitting program as safety risks subject to Executive Order meeting the relevant plan requirements 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action for Marginal nonattainment areas, as subject to Executive Order 13211 (66 FR explained in this preamble, this action 28355, May 22, 2001); is expected to have no impact on air • Is not subject to requirements of the quality. For these reasons, this action is National Technology Transfer and not expected to have a Advancement Act (NTTA) because this disproportionately high or adverse rulemaking does not involve technical human health or environmental effects standards; and on a particular group of people. • This action does not have VII. Statutory and Executive Order disproportionately high and adverse Reviews human health or environmental effects Under the Clean Air Act (CAA), the on minority populations, low-income Administrator is required to approve a populations and/or indigenous peoples, SIP submission that complies with the as specified in Executive Order 12898 provisions of the Act and applicable (59 FR 7629, February 16, 1994). The Federal regulations. 42 U.S.C. 7410(k); basis for this determination is contained 40 CFR 52.02(a). Thus, in reviewing SIP in section VI of this action, submissions, the EPA’s role is to ‘‘Environmental Justice approve state choices, provided that Considerations.’’ In addition, the SIP is not approved they meet the criteria of the CAA. to apply on any Indian reservation land Accordingly, this action merely State received comments from various entities. The State addressed the comments in its submittal. No comments received on the April 8, 2022, submittal were related to the updated 2017 nonattainment base year emissions inventory. In addition, as explained above, the revision meets the substantive SIP requirements of the CAA and implementing regulations. PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. Dated: November 30, 2022. Meghan A. McCollister, Regional Administrator, Region 7. 74577 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, the table in paragraph (e) is amended by adding the entry ‘‘(85)’’ to read as follows: ■ For the reasons stated in the preamble, the EPA proposes to amend 40 CFR part 52 as set forth below: § 52.1320 * Identification of plan. * * (e) * * * * * EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS Applicable geographic or nonattainment area State submittal date * * St. Louis Area: Missouri counties of Jefferson, St. Charles, and St. Louis along with the City of St. Louis and Boles Township in Franklin County. * 9/8/2021, 4/ 8/2022. Name of nonregulatory SIP provision * (85) Marginal Plan for the St. Louis 2015 8Hour Ozone Nonattainment Area. * * * * * [FR Doc. 2022–26503 Filed 12–5–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R08–OAR–2021–0003; FRL–10454– 01–R8] Approval and Promulgation of Implementation Plans; Montana; Libby 1997 Annual PM2.5 Limited Maintenance Plan and Redesignation Request Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA or the Agency) is proposing to take three separate but related actions. First, EPA is proposing to determine that the Libby fine particulate matter (PM2.5) nonattainment area (Libby Area) is attaining the 1997 annual PM2.5 national ambient air quality standards (NAAQS or standard) based on 2014–2021 data. The Agency is also proposing to approve Montana’s plan for maintaining the 1997 annual PM2.5 NAAQS (limited maintenance plan) and to redesignate the Libby Area to attainment for the 1997 annual PM2.5 lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:01 Dec 05, 2022 Jkt 259001 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 Marginal nonattainment area plan for the St. Louis Area for the 2015 8-hour Ozone NAAQS [EPA–R07–OAR–2022–0880; FRL– 10388–01–R7]. NAAQS, submitted by the State of Montana on June 24, 2020. DATES: Written comments must be received on or before January 5, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2021–0003, to the Federal Rulemaking Portal at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www2.epa.gov/dockets/commentingepa-dockets. PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in www.regulations.gov. To reduce the risk of COVID–19 transmission, for this action we do not plan to offer hard copy review of the docket. Please email or call the person listed in the FOR FURTHER INFORMATION CONTACT section if you need to make alternative arrangements for access to the docket. FOR FURTHER INFORMATION CONTACT: Amrita Singh, Air and Radiation Division, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code ARD–QP, 1595 Wynkoop Street, Denver, Colorado 80202–1129, telephone number: (303) 312–6103, email address: singh.amrita@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. What are the actions EPA is proposing to take? E:\FR\FM\06DEP1.SGM 06DEP1

Agencies

[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74573-74577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26503]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0880; FRL-10388-01-R7]


Air Plan Approval; MO; Marginal Nonattainment Plan for the St. 
Louis Area for the 2015 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Missouri Department of Natural Resources (MoDNR) on September 8, 2021, 
and supplemented on April 8, 2022, as meeting the Marginal 
nonattainment area requirements for the 2015 8-hour ozone National 
Ambient Air Quality Standard (NAAQS or standard) for the Missouri 
portion of the St. Louis, MO-IL nonattainment area (``St. Louis area'' 
or ``area''). The EPA is proposing this action pursuant to the Clean 
Air Act (CAA or Act).

DATES: Comments must be received on or before January 5, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0880 at 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: Ashley Keas, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7629; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Written Comments
II. What is the background for this proposed action?
III. What is the EPA's analysis of Missouri's submission?
IV. Have the requirements for approval of a SIP revision been met?
V. What action is the EPA proposing to take?
VI. Environmental Justice Considerations
VII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0880, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is the background for this proposed action?

    EPA has determined that ground-level ozone is detrimental to human 
health. On October 1, 2015, EPA promulgated a revised 8-hour ozone 
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26, 
2015). Under EPA's regulations at 40 Code of Federal Regulations (CFR) 
part 50, the 2015 ozone NAAQS is attained in an area when the 3-year 
average of the annual fourth highest daily maximum 8-hour average 
concentration is equal to or less than 0.070 ppm, when truncated after 
the thousandth decimal place, at all ozone monitoring sites in the 
area. See

[[Page 74574]]

40 CFR 50.19 and appendix U to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS, based on the most recent 3 years of quality 
assured ozone monitoring data. On April 30, 2018, EPA designated the 
St. Louis, MO-IL bi-state area as Marginal nonattainment for the 2015 
Ozone NAAQS (83 FR 25776). The area included Boles Township of Franklin 
County, St. Charles County, St. Louis County, and St. Louis City in 
Missouri, and Madison and St. Clair Counties in Illinois. As part of 
that same action, EPA designated Jefferson County and the remaining 
portion of Franklin County, in Missouri, and Monroe County in Illinois, 
as attainment/unclassifiable. On July 10, 2020, the District of 
Columbia Circuit Court remanded the Jefferson County, Missouri, and 
Monroe County, Illinois, designations (among other designations) to the 
EPA. The Court upheld EPA's designation of Boles Township as 
nonattainment and the remainder of Franklin County as attainment/
unclassifiable. In response to the Court remand, the EPA revised the 
Jefferson County, Missouri, and Monroe County, Illinois designation to 
nonattainment on May 26, 2021 (86 FR 31438).
    On October 7, 2022, the EPA published a final rulemaking including 
EPA's determination of whether areas designated as Marginal 
nonattainment for the 2015 8-hour ozone NAAQS attained by the 
applicable attainment date of August 3, 2021 (87 FR 60897). In that 
document, the EPA determined the St. Louis bi-state area, among other 
areas, failed to attain by the attainment date based on the monitoring 
data available as of the attainment date, for the 2018-2020 time 
period. In that time period, the highest design value in the St. Louis 
area was 0.071 ppm which is above the level of the standard, 0.70 ppm. 
As a result of EPA's determination that the St. Louis area failed to 
attain by the Marginal attainment date, the area is reclassified to 
Moderate nonattainment, effective November 7, 2022. Moderate 
nonattainment areas must attain by August 3, 2024 and submit a Moderate 
nonattainment area plan and its required elements by January 1, 2023. 
The CAA requirements applicable to Marginal ozone nonattainment areas 
continue to apply to Missouri despite the reclassification to Moderate. 
Missouri's submission to meet the Marginal ozone nonattainment area 
requirements is the subject of this action.

III. What is the EPA's analysis of Missouri's submission?

    Section 172(c) of the CAA sets forth the basic requirements of air 
quality plans for states with nonattainment areas that are required to 
submit them pursuant to section 172(b). Subpart 2 of part D, which 
includes section 182 of the CAA, establishes specific requirements for 
ozone nonattainment areas depending on the areas' nonattainment 
classifications.
    The St. Louis area was classified as Marginal under subpart 2 for 
the 2015 ozone NAAQS at the time of its nonattainment designation. At 
the time of Missouri's September 2021 SIP submission, the area was 
subject to the relevant requirements of subpart 1 contained in section 
172(c) and section 176. Similarly, the area was subject to the subpart 
2 requirements contained in section 182(a) (Marginal nonattainment area 
requirements). A thorough discussion of the requirements contained in 
section 172(c) and 182 can be found in the April 16, 1992, General 
Preamble for the Implementation of Title I of the CAA Amendments of 
1990 (57 FR 13498) and the April 28, 1992 supplement (57 FR 18070).
    As provided in subpart 2, for Marginal ozone nonattainment areas, 
the specific requirements of section 182(a) apply in lieu of the 
attainment planning requirements that would otherwise apply under 
section 172(c), including the attainment demonstration and reasonably 
available control measures (RACM) under section 172(c)(1), reasonable 
further progress (RFP) under section 172(c)(2), and contingency 
measures under section 172(c)(9).\1\
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    \1\ See 42 U.S.C. 7511a(a).
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    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement is superseded by the inventory requirement in section 
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources 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 EPA most recently approved 
Missouri's New Source Review (NSR) program on August 11, 2022 (87 FR 
49530).\2\
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    \2\ In its August 2022 action, the EPA partially approved and 
partially disapproved Missouri's SIP revision related to state rule 
10 CSR 10-6.060. In the August 2022 action, the EPA disapproved one 
provision related to voluntary permits and approved the remainder of 
the SIP revision. For purposes of this action, the EPA notes this 
partial disapproval does not affect the state's ability to continue 
implementation of its SIP-approved NSR program.
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    CAA section 172(b) requires states to submit SIPs meeting the 
requirements of section 172(c) no later than 3 years from the date of 
the nonattainment designation. For the St. Louis nonattainment area, 
the Marginal nonattainment area plan elements required under CAA 
section 172 and 182 were due August 3, 2021. Missouri submitted the 
requisite plan elements on September 8, 2021. In this action, the EPA 
is proposing to approve the September 8, 2021 submission from Missouri 
as meeting the relevant requirements of CAA section 172 and 182.
    Section 182(a)(2)(C) requires states to implement a permitting 
program requiring permits for the construction and operation of new or 
modified major stationary sources anywhere in the nonattainment area. 
In its September 2021 submission, MoDNR confirms it has a fully-
approved and fully-implemented Part D NSR permitting program for new 
major sources and significant modifications of existing sources enabled 
by SIP-approved state rule 10 Code of State Regulations (CSR) 10-6.060 
Construction Permits Required. Missouri also notes it has been 
delegated full authority to implement its NSR program by the EPA.
    Section 182(a)(3)(A) requires states to submit revised emission 
inventories every three years until the area is redesignated to 
attainment. Section 182(a)(3)(B) requires a revision to the SIP to 
require the owners or operators of stationary sources to annually 
submit emission statements documenting actual VOC and NOX 
emissions. In its September 2021 submission, MoDNR committed to 
providing future updates to its emissions inventory at least once every 
3 years to meet the requirement of section 182(a)(3)(A). To meet the 
requirement of section 182(a)(3)(B), the state certified that SIP-
approved state rule 10 CSR 10-6.110 requires annual emissions 
statements from permitted sources in the state.
    Section 182(a)(4) requires establishing a Marginal Area emission 
offset reduction ratio of 1.1:1 for VOC emissions. As noted in MoDNR's 
September 2021 SIP revision, the requirement for emission offset 
reductions is part of Missouri's NSR program and codified in the 
state's regulations at 10 CSR 10-6.060(7)(C)1. The corresponding offset 
ratio for each ozone area classification (i.e. 1.1:1 for Marginal) is 
found in the Federal code

[[Page 74575]]

at 40 CFR 51.165(a)(9). Thus, Missouri has satisfied the CAA section 
182(a)(4) requirement for Marginal Area Plan submissions in 
establishing a Marginal Area emission offset reduction ratio of 1.1:1 
in its NSR program by SIP-approved rule consistent with the 
corresponding Federal code.
    As noted above, section 182(a)(1) requires states to submit a 
comprehensive, accurate, and current inventory of actual emissions from 
sources of volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) emitted within the boundaries of the ozone 
nonattainment area. The state's ``Marginal Area Plan for the Missouri 
Portion of the St. Louis Nonattainment Area for the 2015 8-Hour Ground 
Level Ozone National Ambient Air Quality Standard'' submitted by the 
state on September 8, 2021, and supplemented on April 8, 2022, included 
a 2017 base year emissions inventory for the Missouri portion of the 
St. Louis area. The EPA has reviewed Missouri's emissions inventory 
submission and as discussed further below, is proposing to approve it 
as meeting the requirements of section 182(a)(1) of the CAA.
    The section 182(a)(1) base year inventory is defined in the SIP 
Requirements Rule as ``a comprehensive, accurate, current inventory of 
actual emissions from sources of VOC and NOX emitted within 
the boundaries of the nonattainment area as required by CAA section 
182(a)(1).'' See 40 CFR 51.1300(p). The inventory year must be selected 
consistent with the baseline year for the RFP plan as required by 40 
CFR 51.1310(b), the inventory must include actual ozone season day 
emissions as defined in 40 CFR 51.1300(q), and contain data elements 
consistent with the detail required by 40 CFR part 51, subpart A. See 
40 CFR 51.1315(a), (c), and (e). In addition, the point source 
emissions included in the inventory must be reported according to the 
point source emissions thresholds of the Air Emissions Reporting 
Requirements (AERR) in 40 CFR part 51, subpart A.
    Missouri selected 2017 as the base year for the emissions 
inventories, which was the most recent calendar year for which a 
complete triennial inventory was required to be submitted to the EPA 
under 40 CFR part 51, subpart A, at the time of plan development. This 
base year is consistent with the regulations for 2015 ozone NAAQS 
nonattainment area base year emission inventory regulations. See 40 CFR 
51.1315(a) and 51.1310(b). The emissions inventory is based on data 
developed and submitted by the MoDNR to EPA's 2017 National Emissions 
Inventory (NEI), and it contains data elements consistent with the 
requirements of 40 CFR part 51, subpart A.
    Missouri's emissions inventory for the St. Louis Area provides 2017 
typical ozone season day emissions for NOX and VOC for the 
following general source categories: point sources, nonpoint or area 
sources, on-road mobile sources, and non-road mobile sources. MoDNR 
documents the methodology used to determine the typical ozone season 
day emissions by source category in the appendices to its September 
2021 submittal, which is included in the docket for this action.
    Point sources are large, stationary, identifiable sources of 
emissions that release pollutants into the atmosphere. NOX 
and VOC emissions were calculated by using facility-specific emissions 
data reported to the 2017 NEI from sources that are required to submit 
inventory data according to the AERR. A detailed account of the point 
source emissions can be found in Appendix D to Missouri's September 
2021 submittal and Appendix E to Missouri's April 2022 submittal.
    Area or nonpoint sources are small stationary sources of emissions, 
which due to their large number, collectively have significant 
emissions (e.g., dry cleaners, service stations). Emissions for these 
sources are estimated at the county level and were obtained from the 
2017 NEI. A detailed account of the area or nonpoint source emissions 
can be found in Appendix C of Missouri's September 2021 submittal and 
Appendix E to Missouri's April 2022 submittal.
    On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. For the St. Louis area, on-
road emissions inventories were developed using the latest version of 
EPA's Motor Vehicle Emissions Simulator (MOVES), MOVES3, for each ozone 
nonattainment county. County level on-road emissions modeling was 
conducted using county-specific vehicle populations and other local 
data. A detailed account of the on-road source emissions and 
methodology can be found in Appendices A and B of Missouri's September 
2021 submittal and Appendix E to Missouri's April 2022 submittal.
    Non-road mobile sources include vehicles, engines, and equipment 
used for construction, agriculture, recreation, and other purposes that 
do not use the roadways (e.g., lawn mowers, construction equipment, 
railroad locomotives, and aircraft). Missouri calculated emissions for 
most non-road sources using the MOVES model's non-road option. 
Estimated non-road emissions for commercial marine vessels, locomotives 
and aircraft are based on reported activity data. A detailed account of 
non-road mobile source emissions can be found in Appendix B of 
Missouri's September 2021 submittal and Appendix E to Missouri's April 
2022 submittal.
    As noted in MoDNR's submittal, the 2017 emission inventory is 
created at the annual level for most source categories. Missouri 
performed temporal allocation of emissions for all nonpoint, some 
nonroad and all event source categories using the Sparse Matrix 
Operator Kernel Emissions (SMOKE) model. For point source data, 
Missouri utilized reported data to estimate ozone season day emissions 
specific to each facility. For on-road and non-road emissions, the 
MOVES3 model provides an output at the temporal scale of total daily 
emissions. As described in MoDNR's submittal, a typical weekday in July 
is selected as the representative typical ozone season day for these 
model runs.
    In its April 8, 2022, submittal, MoDNR provided an updated 2017 
base year emissions inventory using the latest version of EPA's MOVES3 
model for on-road and non-road sources as well as updates to certain 
non-road categories. Section 7 and Appendix E of Missouri's April 2022 
SIP submission included in the docket for this action contain further 
information related to the updated 2017 nonattainment base year 
emissions inventory. Table 1 provides a summary of the nonattainment 
base year anthropogenic emissions inventories for the Missouri portion 
of the St. Louis area.\3\
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    \3\ This table contains the updated 2017 base year emissions 
inventory as contained in Table 23 on page 41 of Missouri's April 
2022 Submission titled, ``Maintenance Plan for the St. Louis 
Nonattainment Area for the 2015 Ozone Standard'' which is included 
in the docket for this action. In April 2022, Missouri separately 
submitted a redesignation request for the St. Louis area, that 
submittal also contained information on the updated 2017 base year 
inventory and is included in the docket for this action, it is 
titled, ``Redesignation Request for the St. Louis Nonattainment Area 
for the 2015 Ozone Standard.''

[[Page 74576]]



                     Table 1--2017 Emissions for the Missouri Portion of the St. Louis Area
                                             [Tons/ozone season day]
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                                         Point               Area               On-road            Non-road
             County              -------------------------------------------------------------------------------
                                     NOX       VOC       NOX       VOC       NOX       VOC       NOX       VOC
----------------------------------------------------------------------------------------------------------------
Boles Township, Franklin County.     21.86      1.29      0.08      1.08      1.40      0.49      0.64      0.25
Jefferson County................     22.37      2.24      0.48      6.99      8.88      3.42      2.47      1.66
St. Charles County..............     18.94      3.71      0.92     12.03     11.36      3.94      5.63      3.79
St. Louis County................      5.54      1.30      2.83     39.08     37.30     10.53     14.21     16.37
St. Louis City..................      3.19      2.71      0.99     10.46      9.97      3.68      3.78      1.86
                                 -------------------------------------------------------------------------------
    Total.......................     71.90     11.25      5.29     69.65     68.92     22.05     26.74     23.94
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    Missouri's April 2022 submittal contains additional plan elements 
such as maintenance plan, contingency plan and attainment year 
inventory. In today's action, the EPA is only proposing to approve the 
updated 2017 nonattainment base year emissions inventory as included in 
the April 2022 submittal as meeting the requirements of CAA section 
182(a)(1) and is not acting on the other elements contained in the 
April 2022 submittal. The EPA has reviewed Missouri's nonattainment 
base year emissions inventories for the St. Louis Area and proposes to 
approve them as meeting the requirements under CAA section 182(a)(1) 
and the SIP Requirements Rule for the 2015 8-hour ozone NAAQS, as well 
as the requirements in 40 CFR part 51, subpart A. Specifically, EPA 
proposes to approve Missouri's Marginal nonattainment area plan as 
submitted on September 8, 2021 and supplemented on April 8, 2022, as 
meeting the Marginal nonattainment area requirements of CAA section 
182(a) for the 2015 8-hour ozone NAAQS for the Missouri portion of the 
St. Louis area.

IV. 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 September 8, 2021, SIP revision 
from April 26, 2021, to June 3, 2021, and held a public hearing on May 
27, 2021. During the public comment period, the State received three 
comments from the EPA. The State responds to the comments in its 
submittal and made changes to the plan as a result of the comments. The 
State provided public notice on the April 8, 2022, SIP revision from 
December 27, 2021, to February 3, 2022, and held a public hearing on 
January 27, 2022. During the public comment period, the State received 
comments from various entities. The State addressed the comments in its 
submittal. No comments received on the April 8, 2022, submittal were 
related to the updated 2017 nonattainment base year emissions 
inventory. In addition, as explained above, the revision meets the 
substantive SIP requirements of the CAA and implementing regulations.

V. What action is the EPA proposing to take?

    The EPA is proposing to approve a SIP revision submitted by the 
MoDNR on September 8, 2021, and supplemented on April 8, 2022, as 
meeting the Marginal nonattainment area requirements of CAA section 
182(a) for the 2015 8-hour ozone NAAQS for the Missouri portion of the 
St. Louis area.

VI. Environmental Justice Considerations

    While EPA did not perform an area-specific environmental justice 
analysis for purposes of this action, due to the nature of the action 
being taken here, i.e. to merely approve emissions inventories and 
certifications regarding Missouri's fully approved permitting program 
as meeting the relevant plan requirements for Marginal nonattainment 
areas, as explained in this preamble, this action is expected to have 
no impact on air quality. For these reasons, this action is not 
expected to have a disproportionately high or adverse human health or 
environmental effects on a particular group of people.

VII. 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, 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 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 VI of this action, 
``Environmental Justice Considerations.''
    In addition, the SIP is not approved to apply on any Indian 
reservation land

[[Page 74577]]

or in any other area where EPA or an Indian tribe has demonstrated that 
a tribe has jurisdiction. In those areas of Indian country, this rule 
does not have tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), because redesignation is an action 
that affects the status of a geographical area and does not impose any 
new regulatory requirements on tribes, impact any existing sources of 
air pollution on tribal lands, nor impair the maintenance of ozone 
national ambient air quality standards in tribal lands.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: November 30, 2022.
Meghan A. McCollister,
 Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (e) is amended by adding 
the entry ``(85)'' to read as follows:


Sec.  52.1320   Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
    Name of nonregulatory SIP        geographic or      State submittal    EPA approval date      Explanation
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(85) Marginal Plan for the St.    St. Louis Area:     9/8/2021, 4/8/2022  [Date of            This action
 Louis 2015 8-Hour Ozone           Missouri counties                       publication of      approves the
 Nonattainment Area.               of Jefferson, St.                       the final rule in   Marginal
                                   Charles, and St.                        the Federal         nonattainment
                                   Louis along with                        Register],          area plan for the
                                   the City of St.                         [Federal Register   St. Louis Area
                                   Louis and Boles                         citation of the     for the 2015 8-
                                   Township in                             final rule].        hour Ozone NAAQS
                                   Franklin County.                                           [EPA-R07-OAR-2022-
                                                                                               0880; FRL-10388-
                                                                                               01-R7].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-26503 Filed 12-5-22; 8:45 am]
BILLING CODE 6560-50-P


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