Air Plan Approval; MO; Marginal Nonattainment Plan for the St. Louis Area for the 2015 8-Hour Ozone Standard, 74573-74577 [2022-26503]
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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:
■
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§ 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.
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(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:
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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
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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.
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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
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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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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.’’
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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?
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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
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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
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E:\FR\FM\06DEP1.SGM
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\1\ See 42 U.S.C. 7511a(a).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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]
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
