Finding of Failure To Attain and Reclassification of the Missouri Portion of the St. Louis Nonattainment Area as Serious for the 2015 Ozone National Ambient Air Quality Standards, 92816-92821 [2024-27382]
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations
(o) Use or occupancy of National
Forest System lands or facilities without
a special use authorization, contract,
approved plan of operations, or other
written authorization when that written
authorization is required.
(p) Knowingly or intentionally
possessing any controlled substance in
violation of Federal law.
(q) Knowingly or intentionally
possessing any drug paraphernalia in
violation of State law.
(r) Possessing any alcoholic beverage
in violation of State law.
(s) Providing any alcoholic beverage
to a minor in violation of State law.
■ 8. Amend § 261.12 by adding
paragraphs (e) through (i) to read as
follows:
§ 261.12
trails.
National Forest System roads and
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(e) Operating a motor vehicle without
a valid license as required by State law.
(f) Operating a motor vehicle while
under the influence of an alcoholic
beverage or a controlled substance in
violation of State law.
(g) Operating a motor vehicle in
violation of any State law other than
those described in paragraph (e) or (f) of
this section.
(h) Operating a vehicle or motor
vehicle carelessly, recklessly, or in a
manner or at a speed that would
endanger or be likely to endanger any
person or property.
(i) Operating a motor vehicle in
violation of a posted sign or traffic
control device.
■ 9. Amend § 261.15 by revising
paragraphs (e) and (g) to read as follows:
§ 261.15
Use of vehicles off roads.
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(e) While under the influence of an
alcoholic beverage or a controlled
substance in violation of State law.
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(g) Carelessly, recklessly, or in a
manner or at a speed that endangers or
is likely to endanger any person or
property.
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■ 10. Amend § 261.50 by revising
paragraphs (a) and (b) to read as follows:
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§ 261.50
Orders.
(a) The Chief, each Regional Forester,
each Experiment Station Director, the
head of each administrative unit, their
deputies, or persons acting in these
positions may issue orders, consistent
with their delegations of authority, that
close or restrict the use of described
areas by applying the prohibitions
authorized in this subpart, individually
or in combination.
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(b) The Chief, each Regional Forester,
each Experiment Station Director, the
head of each administrative unit, their
deputies, or persons acting in these
positions may issue orders, consistent
with their delegations of authority, that
close or restrict the use of any National
Forest System road or National Forest
System trail.
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■ 11. Revise § 261.52 to read as follows:
§ 261.52
Fire.
When provided by an order, the
following are prohibited:
(a) Building, maintaining, attending,
or using a fire, campfire, or stove fire.
(b) Using an explosive.
(c) Smoking.
(d) Smoking, except within an
enclosed vehicle or building, at a
recreation site, or while stopped in an
area at least 3 feet in diameter that is
barren or cleared of all flammable
material.
(e) Entering or being in an area.
(f) Entering an area without any
firefighting tool prescribed by the order.
(g) Operating an internal combustion
engine.
(h) Welding or operating an acetylene
or other torch with open flame.
■ 12. Amend § 261.53 by revising the
section heading and introductory text to
read as follows:
§ 261.53
Special closures or restrictions.
When provided by an order, it is
prohibited to go into or be in any area
which is closed or restricted for the
protection of:
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■ 13. Amend § 261.54 by removing
paragraph (f).
■ 14. Amend § 261.58 by revising
paragraphs (b), (d), and (bb) to read as
follows:
§ 261.58
Occupancy and use.
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(b) Entering or using a recreation site
or portion thereof.
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(d) Occupying a recreation site with
prohibited camping equipment
prescribed by the order.
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(bb) Possessing an alcoholic beverage.
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Homer Wilkes,
Under Secretary, Natural Resources and
Environment.
[FR Doc. 2024–27555 Filed 11–22–24; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R07–OAR–2024–0540; FRL–12405–
01–R7]
Finding of Failure To Attain and
Reclassification of the Missouri
Portion of the St. Louis Nonattainment
Area as Serious for the 2015 Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
Missouri portion of the St. Louis, MOIL bi-State nonattainment area failed to
attain the 2015 ozone National Ambient
Air Quality Standards (NAAQS) by the
applicable attainment date. The effect of
failing to attain by the applicable
attainment date is that the area will be
reclassified by operation of law to
‘‘Serious’’ nonattainment for the 2015
ozone NAAQS on December 31, 2024,
the effective date of this final rule. This
action fulfills the EPA’s obligation
under the Clean Air Act (CAA) to
determine whether ozone
nonattainment areas attained the
NAAQS by the attainment date and to
publish a document in the Federal
Register identifying each area that is
determined as having failed to attain
and identifying the reclassification. The
corresponding action for the Illinois
portion of the St. Louis, MO-IL bi-State
area is being taken separately.
DATES: This final rule is effective on
December 31, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2024–0540. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Wendy Vit, Environmental Protection
Agency, Region 7 Office, Air and
Radiation Division, 11201 Renner
SUMMARY:
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Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7697;
email address: vit.wendy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview of Action
The EPA is required to determine
whether areas designated nonattainment
for an ozone NAAQS attained the
standard by the applicable attainment
date, and to take certain steps for areas
that failed to attain (see CAA section
181(b)(2)). The EPA’s determination of
attainment for the 2015 ozone NAAQS
is based on a nonattainment area’s
design value (DV) as of the attainment
date.1
The 2015 ozone NAAQS is met at an
EPA regulatory monitoring site when
the DV does not exceed 0.070 parts per
million (ppm). For the Moderate
nonattainment areas for the 2015 ozone
NAAQS addressed in this action, the
attainment date was August 3, 2024.
Because the DV is based on the three
most recent, complete calendar years of
data, attainment must occur no later
than December 31 of the year prior to
the attainment date (i.e., December 31,
2023, in the case of Moderate
92817
nonattainment areas for the 2015 ozone
NAAQS). As such, the EPA’s
determinations for each area are based
upon the complete, quality-assured, and
certified ozone monitoring data from
calendar years 2021, 2022, and 2023.
This action addresses the Missouri
portion of the St. Louis bi-State
nonattainment area (hereafter St. Louis
area) that was classified as Moderate for
the 2015 ozone NAAQS as of the
Moderate area attainment date of August
3, 2024. Table 1 provides a summary of
the DVs and the EPA’s air quality-based
determinations for the St. Louis area.
TABLE 1—SUMMARY OF NONATTAINMENT AREAS IN MISSOURI CLASSIFIED AS MODERATE FOR THE 2015 OZONE NAAQS
2021–2023 design
value (DV)
(ppm)
Nonattainment
area
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St. Louis ...............................................................................................................
0.074
Attainment by the attainment
date
Failed to attain.
The EPA is finding that the St. Louis
area as shown in table 1 did not attain
by the attainment date, because the
2021–2023 DVs are greater than 0.070
ppm. If the EPA determines that a
nonattainment area classified as
Moderate failed to attain by the
attainment date, CAA section
181(b)(2)(B) requires the EPA to publish
a document in the Federal Register, no
later than 6 months following the
attainment date, identifying each such
area and identifying the applicable
reclassification.
Under CAA section 181(b)(2)(A), the
effect of this determination is that the
St. Louis area will be reclassified by
operation of law as Serious on the
effective date of this final rule. The
reclassified area will then be subject to
the Serious area requirement to attain
the 2015 ozone NAAQS as
expeditiously as practicable, but not
later than August 3, 2027.
Upon reclassification, stationary air
pollution sources in the St. Louis ozone
nonattainment areas will be subject to
Serious ozone nonattainment area New
Source Review (NSR) and title V permit
requirements. The source applicability
thresholds for major sources and major
source modification emissions will be
50 tons per year (tpy) for volatile
organic compounds (VOC) and nitrogen
oxides (NOX). For new and modified
major stationary sources subject to
review under Missouri regulation 10
CSR 10–6.060, in the EPA approved
State implementation plan (SIP),2 VOC
and NOX emission increases from the
proposed construction of the new or
modified major stationary sources must
be offset by emission reductions by a
minimum offset ratio of 1.20 to 1 (see
CAA section 182(c)(10)).
Once reclassified as Serious, Missouri
must submit to the EPA the SIP
revisions for this area that satisfies the
statutory and regulatory requirements
applicable to Serious areas established
in CAA section 182(c) and in the 2015
Ozone NAAQS SIP Requirements Rule
(see 83 FR 62998, December 6, 2018).
The EPA is establishing deadlines for
submitting SIP revisions for newly
reclassified areas in a separate action.
II. What is the background for this
action?
On October 26, 2015, the EPA issued
its final action to revise the NAAQS for
ozone to establish a new 8-hour
standard (see 80 FR 65452, October 26,
2015). In that action, the EPA
promulgated identical tighter primary
and secondary ozone standards
designed to protect public health and
welfare that specified an 8-hour ozone
level of 0.070 ppm. Specifically, the
standards require that the 3-year average
of the annual fourth highest daily
maximum 8-hour average ozone
concentration may not exceed 0.070
ppm.
Effective on August 3, 2018, the EPA
designated 52 areas throughout the
country as nonattainment for the 2015
ozone NAAQS (see 83 FR 25776, June
4, 2018). As part of that action, the EPA
designated the St. Louis, MO-IL bi-State
area as Marginal nonattainment for the
2015 Ozone NAAQS. 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).
In a separate action, the EPA assigned
classification thresholds and attainment
dates based on the severity of an area’s
ozone problem, determined by the area’s
DV (see 83 FR 10376, May 8, 2018). The
EPA established the attainment date for
Marginal, Moderate, and Serious
nonattainment areas as 3 years, 6 years,
and 9 years, respectively, from the
effective date of the final designations.
1 A DV is a statistic used to compare data
collected at an ambient air quality monitoring site
to the applicable NAAQS to determine compliance
with the standard. The data handling conventions
for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV
for the 2015 ozone NAAQS is the 3-year average of
the annual fourth highest daily maximum 8-hour
average ozone concentration. The DV is calculated
for each air quality monitor in an area, and the DV
for an area is the highest DV among the individual
monitoring sites located in the area.
2 Specifically, we are referring to the EPAapproved Missouri regulation 10 Code of State
Regulations (CSR) 10–6.060, titled ‘‘Construction
Permits Required.’’ Most recently revised and
approved into Missouri’s SIP on August 11, 2022
(85 FR 49530).
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Thus, the attainment date for Marginal
nonattainment areas for the 2015 ozone
NAAQS was August 3, 2021, the
attainment date for Moderate areas was
August 3, 2024, and the attainment date
for Serious areas is August 3, 2027. On
October 7, 2022 (87 FR 60897), the EPA
determined that 22 areas, including the
St. Louis area addressed in this action,
did not attain the standards by the
Marginal attainment date, and was
reclassified as Moderate by operation of
law.
III. What is the statutory authority for
this action?
The statutory authority for this
determination is provided by the CAA,
as amended (42 U.S.C. 7401 et seq.).
Relevant portions of the CAA include,
but are not necessarily limited to,
sections 181 and 182.
CAA section 107(d) provides that
when the EPA establishes or revises a
NAAQS, the agency must designate
areas of the country as nonattainment,
attainment, or unclassifiable based on
whether an area is not meeting (or is
contributing to air quality in a nearby
area that is not meeting) the NAAQS,
meeting the NAAQS, or cannot be
classified as meeting or not meeting the
NAAQS, respectively. Subpart 2 of part
D of title I of the CAA governs the
classification, state planning, and
emissions control requirements for any
areas designated as nonattainment for a
revised primary ozone NAAQS. In
particular, CAA section 181(a)(1)
requires each area designated as
nonattainment for a revised ozone
NAAQS to be classified at the same time
as the area is designated based on the
extent of the ozone problem in the area
(as determined based on the area’s DV).
Classifications for ozone nonattainment
areas are ‘‘Marginal,’’ ‘‘Moderate,’’
‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme,’’ in
order of stringency. CAA section 182
provides the specific attainment
planning and additional requirements
that apply to each ozone nonattainment
area based on its classification.
Section 181(b)(2)(A) of the CAA
requires that within 6 months following
the applicable attainment date, the EPA
shall determine whether an ozone
nonattainment area attained the ozone
standard based on the area’s DV as of
that date. Under CAA section 181(a)(5)
as interpreted by the EPA in 40 CFR
51.1307, upon application by any state,
the EPA may grant a 1-year extension to
the attainment date when certain
criteria are met. One criterion for a first
attainment date extension is that an
area’s fourth highest daily maximum 8hour value for the attainment year must
not exceed the level of the standard.
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In the event an area fails to attain the
ozone NAAQS by the applicable
attainment date and is not granted a 1year attainment date extension, CAA
section 181(b)(2)(A) requires the EPA to
make the determination that an ozone
nonattainment area failed to attain the
ozone standard by the applicable
attainment date, and requires the area to
be reclassified by operation of law to the
higher of: (1) The next higher
classification for the area, or (2) the
classification applicable to the area’s DV
as of the determination of failure to
attain.3 Section 181(b)(2)(B) of the CAA
requires the EPA to publish the
determination of failure to attain and
accompanying reclassification in the
Federal Register no later than 6 months
after the attainment date, which in the
case of the Moderate nonattainment
areas considered in this determination
is February 3, 2025.
Once an area is reclassified, each state
that contains a reclassified area is
required to submit certain SIP revisions
in accordance with its more stringent
classification. The SIP revisions are
intended to, among other things,
demonstrate how the area will attain the
NAAQS as expeditiously as practicable,
but no later than August 3, 2027, the
Serious area attainment date for the
2015 ozone NAAQS. Per CAA section
182(i), a state with a reclassified ozone
nonattainment area must submit the
applicable attainment plan requirements
‘‘according to the schedules prescribed
in connection with such requirements’’
in CAA section 182(c) for Serious areas,
but the EPA ‘‘may adjust applicable
deadlines (other than attainment dates)
to the extent such adjustment is
necessary or appropriate to assure
consistency among the required
submissions.’’ The EPA is addressing
the SIP revision and implementation
deadlines for newly reclassified Serious
areas, as well as the continued
applicability of Moderate area
requirements if they have not yet been
met, in a separate rulemaking.
IV. How does the EPA determine
whether an area has attained the
standard?
The level of the 2015 ozone NAAQS
is 0.070 ppm.4 Under the EPA
regulations at 40 CFR part 50, appendix
U, the 2015 ozone NAAQS is attained at
a site when the 3-year average of the
annual fourth highest daily maximum 83 All nonattainment areas named in this action
that failed to attain by the attainment date would
be classified to the next higher classification,
Serious. None of the affected areas has a DV that
would otherwise place an area in a higher
classification.
4 See 40 CFR 50.19.
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hour average ambient ozone
concentration (i.e., DV) does not exceed
0.070 ppm. When the DV does not
exceed 0.070 ppm at each ambient air
quality monitoring site within the area,
the area is deemed to be attaining the
ozone NAAQS. Each area’s DV is
determined by the highest DV among
monitors with valid DVs.5 The data
handling convention in appendix P
dictates that concentrations shall be
reported in ‘‘ppm’’ to the third decimal
place, with additional digits to the right
being truncated. Thus, a computed 3year average ozone concentration of
0.071 ppm is greater than 0.070 ppm
and would exceed the standard, but a
computed 3-year average ozone
concentration of 0.0709 ppm is
truncated to 0.070 ppm and attains the
2015 ozone NAAQS.
The EPA’s determination of
attainment is based upon hourly ozone
concentration data for calendar years
2021, 2022, and 2023 that have been
collected and quality-assured in
accordance with 40 CFR part 58 and
reported to the EPA’s Air Quality
System (AQS) database.6
State and local monitoring network
plans are subject to approval by the EPA
on an annual basis and any interim
modifications to those plans must also
be approved by the EPA.7 The annual
monitoring network plan process is
provided in 40 CFR 58.10 and the
requirements governing system
modifications and monitor
discontinuations are laid out in 40 CFR
58.14. Where state or local agencies seek
to modify the ambient air quality
5 According to appendix U to 40 CFR part 50,
ambient monitoring sites with a DV of 0.070 ppm
or less must meet minimum data completeness
requirements in order to be considered valid. These
requirements are met for a 3-year period at a site
if daily maximum 8-hour average ozone
concentrations are available for at least 90% of the
days within the ozone monitoring season, on
average, for the 3-year period, with a minimum of
at least 75% of the days within the ozone
monitoring season in any one year. Ozone
monitoring seasons are defined for each State in
appendix D to 40 CFR part 58. DVs greater than
0.070 ppm are considered to be valid regardless of
the data completeness.
6 The EPA maintains the AQS, a database that
contains ambient air pollution data collected by the
EPA, state, local, and Tribal air pollution control
agencies. The AQS also contains meteorological
data, descriptive information about each monitoring
station (including its geographic location and its
operator) and data quality assurance/quality control
information. The AQS data is used to (1) assess air
quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment
areas, (4) perform modeling for permit review
analysis, and (5) prepare reports for Congress as
mandated by the CAA. Access is through the
website at https://www.epa.gov/aqs.
7 Annual monitoring network plans for each state
are available at https://www.epa.gov/amtic/statemonitoring-agency-annual-air-monitoring-plansand-network-assessments.
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monitoring networks by discontinuing a
monitor station, the EPA may approve
such modifications subject to the
criteria established in 40 CFR 58.14(c).
The EPA may not approve such
discontinuation if doing so would
compromise data collection needed for
implementation of a NAAQS. If a
monitor has been discontinued subject
to 40 CFR 58.14 such that the
discontinuation results in insufficient
data to calculate a valid DV according
to appendix U to 40 CFR part 50, the
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determined that the St. Louis area did
not meet the requirement under section
181(a)(5)(B) and 40 CFR 51.1307
necessary to grant a 1-year extension of
the attainment date, because at least one
monitor in the area had a 2023 fourth
highest daily maximum 8-hour average
that was greater than 0.070 ppm. Table
2 shows the annual fourth highest daily
maximum 8-hour average ozone
concentration and 2021–2023 DV for
each monitor in the St. Louis, MO-IL
area.
EPA will determine the applicable
area’s attainment status based on the
remaining monitors in the area.
V. What is the EPA’s determination for
the area?
The EPA is determining that the St.
Louis Moderate nonattainment area
addressed in this action failed to attain
the 2015 ozone NAAQS by the
attainment date of August 3, 2024. As
shown in table 1, at least one monitor
in this area had a 2021–2023 DV greater
than 0.070 ppm. The EPA has further
TABLE 2—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE ST. LOUIS, MO-IL AREA *
AQS site ID
County
Fourth highest daily maximum 8-hour
average ozone concentration
(ppm)
State
2021
290990019
291831002
291831004
291890005
291890014
295100085
171190120
171190122
171193007
171630010
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
Jefferson ............................
Saint Charles .....................
Saint Charles .....................
Saint Louis .........................
Saint Louis .........................
St. Louis City .....................
Madison .............................
Madison .............................
Madison .............................
Saint Clair ..........................
Missouri .............................
Missouri .............................
Missouri .............................
Missouri .............................
Missouri .............................
Missouri .............................
Illinois .................................
Illinois .................................
Illinois .................................
Illinois .................................
2022
0.073
0.067
0.065
0.065
0.065
0.068
0.070
0.070
0.070
0.066
0.067
0.071
0.067
0.061
0.067
0.068
0.076
0.067
0.072
0.067
2023
2021–2023
design
value (DV)
(ppm)
0.078
0.080
0.073
0.077
0.081
0.077
0.078
0.078
0.077
0.077
0.072
0.072
0.068
0.067
0.071
0.071
0.074
0.071
0.073
0.070
* Monitors that did not meet completeness criteria and do not have a valid design value are not shown.
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VI. What action is the EPA taking?
Pursuant to CAA section 181(b)(2),
the EPA is determining that the St.
Louis area failed to attain the 2015
ozone NAAQS by the applicable
attainment date of August 3, 2024.
Therefore, upon the effective date of this
final action, the area will be reclassified,
by operation of law, to Serious for the
2015 ozone NAAQS. Once reclassified
as Serious, the area will be required to
attain the standard ‘‘as expeditiously as
practicable’’ but no later than 9 years
after the initial designation as
nonattainment, which in this case
would be no later than August 3, 2027.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedures are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. The
EPA has determined that there is good
cause for making this final agency
action without prior proposal and
opportunity for comment because our
action to determine whether this area
has attained the NAAQS by the
attainment date is governed, per CAA
section 181(b)(2)(A), solely by area
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design values as of that date. The area
design values relied upon in this
document are calculations based on the
certified air quality monitoring data
governed by EPA’s regulations and
involve no judgment or discretion.
Thus, notice and public procedures are
unnecessary to take this action. The
EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(B).
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive Order
14094 (88 FR 21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an
information collection burden under the
provisions of the PRA of 1995 (44 U.S.C.
3501 et seq.). This action does not
contain any information collection
activities and serves only to make a final
determination that the St. Louis
nonattainment area failed to attain the
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2015 ozone standards by the August 3,
2024, attainment date where such area
will be reclassified as Serious
nonattainment for the 2015 ozone
standards by operation of law upon the
effective date of the final reclassification
action.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA (5 U.S.C. 601 et seq.).
This action will not impose any
requirements on small entities. The
determination of failure to attain the
2015 ozone standards (and resulting
reclassifications), do not in and of
themselves create any new requirements
beyond what is mandated by the CAA.
This final action would require the State
to adopt and submit SIP revisions to
satisfy CAA requirements and would
not itself directly regulate any small
entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538 and does
not significantly or uniquely affect small
governments. The action imposes no
E:\FR\FM\25NOR1.SGM
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations
enforceable duty on any state, local, or
Tribal governments or the private sector.
regulatory action under Executive Order
12866.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. The division of
responsibility between the Federal
Government and the States for purposes
of implementing the NAAQS is
established under the CAA.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards. Therefore, the EPA
is not considering the use of any
voluntary consensus standards.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000), requires the EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
Tribal officials in the development of
regulatory policies that have Tribal
implications.’’ This action does not have
Tribal implications as specified in
Executive Order 13175. This action does
not apply on any Indian reservation
land, any other area where EPA or an
Indian Tribe has demonstrated that a
Tribe has jurisdiction, or nonreservation areas of Indian country.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 (62 FR 19885, April 23, 1997) as
applying to those regulatory actions that
concern environmental health or safety
risks that the EPA has reason to believe
may disproportionately affect children,
per the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. The EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ The EPA further defines the
term fair treatment to mean that ‘‘no
group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA
because it is a rule of particular
applicability. The rule makes a factual
determination for an identified entity,
the St. Louis area, based on facts and
circumstances specific to that entity.
The determinations of attainment and
failure to attain the 2015 ozone NAAQS
do not in themselves create any new
requirements beyond what is mandated
by the CAA.
L. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 24, 2025. Filing a
petition for reconsideration by the
Administrator of this action does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
this action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 18, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, 40 CFR part 81 is amended as
follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
2. In § 81.326, the table entitled
‘‘Missouri—2015 8-Hour Ozone NAAQS
[Primary and Secondary]’’ is amended
by revising the entry ‘‘St. Louis, MO-IL’’
to read as follows:
■
§ 81.326
*
Missouri.
*
*
*
*
MISSOURI—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
St. Louis, MO-IL: .............................................................................
VerDate Sep<11>2014
15:59 Nov 22, 2024
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Type
................................
Nonattainment .......
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Serious.
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations
MISSOURI—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
Franklin County (part).
Boles Township:
Jefferson County ...............................................................
St. Charles County.
St. Louis County.
City of St. Louis.
*
*
*
Date 2
Type
Type
July 14, 2021 3.
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the
designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
3 EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS,
but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area,
the implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later
designation date.
*
*
*
*
*
[FR Doc. 2024–27382 Filed 11–22–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2021–0308; FRL–12327–01–
OCSPP]
Various Fragrance Components in
Pesticide Formulations; Tolerance
Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of various
fragrance components listed in Unit II of
this document when they used as inert
ingredients in antimicrobial
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils
when the end-use concentration does
not exceed 33 parts per million (ppm).
Innovative Reform Group, on behalf of
The Clorox Company, submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of various
fragrance components, when used in
accordance with the terms of those
exemptions.
khammond on DSK9W7S144PROD with RULES
SUMMARY:
This regulation is effective
November 25, 2024. Objections and
DATES:
VerDate Sep<11>2014
15:59 Nov 22, 2024
Jkt 265001
requests for hearings must be received
on or before January 24, 2025 and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2021–0308, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Registration Division
(7505T), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(202) 566–1030; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
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determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2021–0308 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
January 24, 2025.
EPA’s Office of Administrative Law
Judges (OALJ), where the Hearing Clerk
is housed, urges parties to file and serve
documents by electronic means only,
notwithstanding any other particular
requirements set forth in other
procedural rules governing those
proceedings. See ‘‘Revised Order Urging
Electronic Service and Filing’’, dated
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]]>Agencies
[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Rules and Regulations]
[Pages 92816-92821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27382]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R07-OAR-2024-0540; FRL-12405-01-R7]
Finding of Failure To Attain and Reclassification of the Missouri
Portion of the St. Louis Nonattainment Area as Serious for the 2015
Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Missouri portion of the St. Louis, MO-IL bi-State nonattainment
area failed to attain the 2015 ozone National Ambient Air Quality
Standards (NAAQS) by the applicable attainment date. The effect of
failing to attain by the applicable attainment date is that the area
will be reclassified by operation of law to ``Serious'' nonattainment
for the 2015 ozone NAAQS on December 31, 2024, the effective date of
this final rule. This action fulfills the EPA's obligation under the
Clean Air Act (CAA) to determine whether ozone nonattainment areas
attained the NAAQS by the attainment date and to publish a document in
the Federal Register identifying each area that is determined as having
failed to attain and identifying the reclassification. The
corresponding action for the Illinois portion of the St. Louis, MO-IL
bi-State area is being taken separately.
DATES: This final rule is effective on December 31, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2024-0540. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Wendy Vit, Environmental Protection
Agency, Region 7 Office, Air and Radiation Division, 11201 Renner
[[Page 92817]]
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7697;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Overview of Action
The EPA is required to determine whether areas designated
nonattainment for an ozone NAAQS attained the standard by the
applicable attainment date, and to take certain steps for areas that
failed to attain (see CAA section 181(b)(2)). The EPA's determination
of attainment for the 2015 ozone NAAQS is based on a nonattainment
area's design value (DV) as of the attainment date.\1\
---------------------------------------------------------------------------
\1\ A DV is a statistic used to compare data collected at an
ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The data handling
conventions for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV for the 2015 ozone
NAAQS is the 3-year average of the annual fourth highest daily
maximum 8-hour average ozone concentration. The DV is calculated for
each air quality monitor in an area, and the DV for an area is the
highest DV among the individual monitoring sites located in the
area.
---------------------------------------------------------------------------
The 2015 ozone NAAQS is met at an EPA regulatory monitoring site
when the DV does not exceed 0.070 parts per million (ppm). For the
Moderate nonattainment areas for the 2015 ozone NAAQS addressed in this
action, the attainment date was August 3, 2024. Because the DV is based
on the three most recent, complete calendar years of data, attainment
must occur no later than December 31 of the year prior to the
attainment date (i.e., December 31, 2023, in the case of Moderate
nonattainment areas for the 2015 ozone NAAQS). As such, the EPA's
determinations for each area are based upon the complete, quality-
assured, and certified ozone monitoring data from calendar years 2021,
2022, and 2023.
This action addresses the Missouri portion of the St. Louis bi-
State nonattainment area (hereafter St. Louis area) that was classified
as Moderate for the 2015 ozone NAAQS as of the Moderate area attainment
date of August 3, 2024. Table 1 provides a summary of the DVs and the
EPA's air quality-based determinations for the St. Louis area.
Table 1--Summary of Nonattainment Areas in Missouri Classified as
Moderate for the 2015 Ozone NAAQS
------------------------------------------------------------------------
2021-2023 design Attainment by the
Nonattainment area value (DV) (ppm) attainment date
------------------------------------------------------------------------
St. Louis...................... 0.074 Failed to attain.
------------------------------------------------------------------------
The EPA is finding that the St. Louis area as shown in table 1 did
not attain by the attainment date, because the 2021-2023 DVs are
greater than 0.070 ppm. If the EPA determines that a nonattainment area
classified as Moderate failed to attain by the attainment date, CAA
section 181(b)(2)(B) requires the EPA to publish a document in the
Federal Register, no later than 6 months following the attainment date,
identifying each such area and identifying the applicable
reclassification.
Under CAA section 181(b)(2)(A), the effect of this determination is
that the St. Louis area will be reclassified by operation of law as
Serious on the effective date of this final rule. The reclassified area
will then be subject to the Serious area requirement to attain the 2015
ozone NAAQS as expeditiously as practicable, but not later than August
3, 2027.
Upon reclassification, stationary air pollution sources in the St.
Louis ozone nonattainment areas will be subject to Serious ozone
nonattainment area New Source Review (NSR) and title V permit
requirements. The source applicability thresholds for major sources and
major source modification emissions will be 50 tons per year (tpy) for
volatile organic compounds (VOC) and nitrogen oxides (NOX).
For new and modified major stationary sources subject to review under
Missouri regulation 10 CSR 10-6.060, in the EPA approved State
implementation plan (SIP),\2\ VOC and NOX emission increases
from the proposed construction of the new or modified major stationary
sources must be offset by emission reductions by a minimum offset ratio
of 1.20 to 1 (see CAA section 182(c)(10)).
---------------------------------------------------------------------------
\2\ Specifically, we are referring to the EPA-approved Missouri
regulation 10 Code of State Regulations (CSR) 10-6.060, titled
``Construction Permits Required.'' Most recently revised and
approved into Missouri's SIP on August 11, 2022 (85 FR 49530).
---------------------------------------------------------------------------
Once reclassified as Serious, Missouri must submit to the EPA the
SIP revisions for this area that satisfies the statutory and regulatory
requirements applicable to Serious areas established in CAA section
182(c) and in the 2015 Ozone NAAQS SIP Requirements Rule (see 83 FR
62998, December 6, 2018). The EPA is establishing deadlines for
submitting SIP revisions for newly reclassified areas in a separate
action.
II. What is the background for this action?
On October 26, 2015, the EPA issued its final action to revise the
NAAQS for ozone to establish a new 8-hour standard (see 80 FR 65452,
October 26, 2015). In that action, the EPA promulgated identical
tighter primary and secondary ozone standards designed to protect
public health and welfare that specified an 8-hour ozone level of 0.070
ppm. Specifically, the standards require that the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
may not exceed 0.070 ppm.
Effective on August 3, 2018, the EPA designated 52 areas throughout
the country as nonattainment for the 2015 ozone NAAQS (see 83 FR 25776,
June 4, 2018). As part of that action, the EPA designated the St.
Louis, MO-IL bi-State area as Marginal nonattainment for the 2015 Ozone
NAAQS. 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).
In a separate action, the EPA assigned classification thresholds
and attainment dates based on the severity of an area's ozone problem,
determined by the area's DV (see 83 FR 10376, May 8, 2018). The EPA
established the attainment date for Marginal, Moderate, and Serious
nonattainment areas as 3 years, 6 years, and 9 years, respectively,
from the effective date of the final designations.
[[Page 92818]]
Thus, the attainment date for Marginal nonattainment areas for the 2015
ozone NAAQS was August 3, 2021, the attainment date for Moderate areas
was August 3, 2024, and the attainment date for Serious areas is August
3, 2027. On October 7, 2022 (87 FR 60897), the EPA determined that 22
areas, including the St. Louis area addressed in this action, did not
attain the standards by the Marginal attainment date, and was
reclassified as Moderate by operation of law.
III. What is the statutory authority for this action?
The statutory authority for this determination is provided by the
CAA, as amended (42 U.S.C. 7401 et seq.). Relevant portions of the CAA
include, but are not necessarily limited to, sections 181 and 182.
CAA section 107(d) provides that when the EPA establishes or
revises a NAAQS, the agency must designate areas of the country as
nonattainment, attainment, or unclassifiable based on whether an area
is not meeting (or is contributing to air quality in a nearby area that
is not meeting) the NAAQS, meeting the NAAQS, or cannot be classified
as meeting or not meeting the NAAQS, respectively. Subpart 2 of part D
of title I of the CAA governs the classification, state planning, and
emissions control requirements for any areas designated as
nonattainment for a revised primary ozone NAAQS. In particular, CAA
section 181(a)(1) requires each area designated as nonattainment for a
revised ozone NAAQS to be classified at the same time as the area is
designated based on the extent of the ozone problem in the area (as
determined based on the area's DV). Classifications for ozone
nonattainment areas are ``Marginal,'' ``Moderate,'' ``Serious,''
``Severe,'' and ``Extreme,'' in order of stringency. CAA section 182
provides the specific attainment planning and additional requirements
that apply to each ozone nonattainment area based on its
classification.
Section 181(b)(2)(A) of the CAA requires that within 6 months
following the applicable attainment date, the EPA shall determine
whether an ozone nonattainment area attained the ozone standard based
on the area's DV as of that date. Under CAA section 181(a)(5) as
interpreted by the EPA in 40 CFR 51.1307, upon application by any
state, the EPA may grant a 1-year extension to the attainment date when
certain criteria are met. One criterion for a first attainment date
extension is that an area's fourth highest daily maximum 8-hour value
for the attainment year must not exceed the level of the standard.
In the event an area fails to attain the ozone NAAQS by the
applicable attainment date and is not granted a 1-year attainment date
extension, CAA section 181(b)(2)(A) requires the EPA to make the
determination that an ozone nonattainment area failed to attain the
ozone standard by the applicable attainment date, and requires the area
to be reclassified by operation of law to the higher of: (1) The next
higher classification for the area, or (2) the classification
applicable to the area's DV as of the determination of failure to
attain.\3\ Section 181(b)(2)(B) of the CAA requires the EPA to publish
the determination of failure to attain and accompanying
reclassification in the Federal Register no later than 6 months after
the attainment date, which in the case of the Moderate nonattainment
areas considered in this determination is February 3, 2025.
---------------------------------------------------------------------------
\3\ All nonattainment areas named in this action that failed to
attain by the attainment date would be classified to the next higher
classification, Serious. None of the affected areas has a DV that
would otherwise place an area in a higher classification.
---------------------------------------------------------------------------
Once an area is reclassified, each state that contains a
reclassified area is required to submit certain SIP revisions in
accordance with its more stringent classification. The SIP revisions
are intended to, among other things, demonstrate how the area will
attain the NAAQS as expeditiously as practicable, but no later than
August 3, 2027, the Serious area attainment date for the 2015 ozone
NAAQS. Per CAA section 182(i), a state with a reclassified ozone
nonattainment area must submit the applicable attainment plan
requirements ``according to the schedules prescribed in connection with
such requirements'' in CAA section 182(c) for Serious areas, but the
EPA ``may adjust applicable deadlines (other than attainment dates) to
the extent such adjustment is necessary or appropriate to assure
consistency among the required submissions.'' The EPA is addressing the
SIP revision and implementation deadlines for newly reclassified
Serious areas, as well as the continued applicability of Moderate area
requirements if they have not yet been met, in a separate rulemaking.
IV. How does the EPA determine whether an area has attained the
standard?
The level of the 2015 ozone NAAQS is 0.070 ppm.\4\ Under the EPA
regulations at 40 CFR part 50, appendix U, the 2015 ozone NAAQS is
attained at a site when the 3-year average of the annual fourth highest
daily maximum 8-hour average ambient ozone concentration (i.e., DV)
does not exceed 0.070 ppm. When the DV does not exceed 0.070 ppm at
each ambient air quality monitoring site within the area, the area is
deemed to be attaining the ozone NAAQS. Each area's DV is determined by
the highest DV among monitors with valid DVs.\5\ The data handling
convention in appendix P dictates that concentrations shall be reported
in ``ppm'' to the third decimal place, with additional digits to the
right being truncated. Thus, a computed 3-year average ozone
concentration of 0.071 ppm is greater than 0.070 ppm and would exceed
the standard, but a computed 3-year average ozone concentration of
0.0709 ppm is truncated to 0.070 ppm and attains the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\4\ See 40 CFR 50.19.
\5\ According to appendix U to 40 CFR part 50, ambient
monitoring sites with a DV of 0.070 ppm or less must meet minimum
data completeness requirements in order to be considered valid.
These requirements are met for a 3-year period at a site if daily
maximum 8-hour average ozone concentrations are available for at
least 90% of the days within the ozone monitoring season, on
average, for the 3-year period, with a minimum of at least 75% of
the days within the ozone monitoring season in any one year. Ozone
monitoring seasons are defined for each State in appendix D to 40
CFR part 58. DVs greater than 0.070 ppm are considered to be valid
regardless of the data completeness.
---------------------------------------------------------------------------
The EPA's determination of attainment is based upon hourly ozone
concentration data for calendar years 2021, 2022, and 2023 that have
been collected and quality-assured in accordance with 40 CFR part 58
and reported to the EPA's Air Quality System (AQS) database.\6\
---------------------------------------------------------------------------
\6\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, state, local, and Tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment areas, (4)
perform modeling for permit review analysis, and (5) prepare reports
for Congress as mandated by the CAA. Access is through the website
at https://www.epa.gov/aqs.
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State and local monitoring network plans are subject to approval by
the EPA on an annual basis and any interim modifications to those plans
must also be approved by the EPA.\7\ The annual monitoring network plan
process is provided in 40 CFR 58.10 and the requirements governing
system modifications and monitor discontinuations are laid out in 40
CFR 58.14. Where state or local agencies seek to modify the ambient air
quality
[[Page 92819]]
monitoring networks by discontinuing a monitor station, the EPA may
approve such modifications subject to the criteria established in 40
CFR 58.14(c). The EPA may not approve such discontinuation if doing so
would compromise data collection needed for implementation of a NAAQS.
If a monitor has been discontinued subject to 40 CFR 58.14 such that
the discontinuation results in insufficient data to calculate a valid
DV according to appendix U to 40 CFR part 50, the EPA will determine
the applicable area's attainment status based on the remaining monitors
in the area.
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\7\ Annual monitoring network plans for each state are available
at https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments.
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V. What is the EPA's determination for the area?
The EPA is determining that the St. Louis Moderate nonattainment
area addressed in this action failed to attain the 2015 ozone NAAQS by
the attainment date of August 3, 2024. As shown in table 1, at least
one monitor in this area had a 2021-2023 DV greater than 0.070 ppm. The
EPA has further determined that the St. Louis area did not meet the
requirement under section 181(a)(5)(B) and 40 CFR 51.1307 necessary to
grant a 1-year extension of the attainment date, because at least one
monitor in the area had a 2023 fourth highest daily maximum 8-hour
average that was greater than 0.070 ppm. Table 2 shows the annual
fourth highest daily maximum 8-hour average ozone concentration and
2021-2023 DV for each monitor in the St. Louis, MO-IL area.
Table 2--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the St. Louis, MO-IL Area *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-
hour average ozone concentration 2021-2023
AQS site ID County State (ppm) design value
------------------------------------ (DV) (ppm)
2021 2022 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
290990019................................ Jefferson................... Missouri................... 0.073 0.067 0.078 0.072
291831002................................ Saint Charles............... Missouri................... 0.067 0.071 0.080 0.072
291831004................................ Saint Charles............... Missouri................... 0.065 0.067 0.073 0.068
291890005................................ Saint Louis................. Missouri................... 0.065 0.061 0.077 0.067
291890014................................ Saint Louis................. Missouri................... 0.065 0.067 0.081 0.071
295100085................................ St. Louis City.............. Missouri................... 0.068 0.068 0.077 0.071
171190120................................ Madison..................... Illinois................... 0.070 0.076 0.078 0.074
171190122................................ Madison..................... Illinois................... 0.070 0.067 0.078 0.071
171193007................................ Madison..................... Illinois................... 0.070 0.072 0.077 0.073
171630010................................ Saint Clair................. Illinois................... 0.066 0.067 0.077 0.070
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* Monitors that did not meet completeness criteria and do not have a valid design value are not shown.
VI. What action is the EPA taking?
Pursuant to CAA section 181(b)(2), the EPA is determining that the
St. Louis area failed to attain the 2015 ozone NAAQS by the applicable
attainment date of August 3, 2024. Therefore, upon the effective date
of this final action, the area will be reclassified, by operation of
law, to Serious for the 2015 ozone NAAQS. Once reclassified as Serious,
the area will be required to attain the standard ``as expeditiously as
practicable'' but no later than 9 years after the initial designation
as nonattainment, which in this case would be no later than August 3,
2027.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedures are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. The EPA has determined
that there is good cause for making this final agency action without
prior proposal and opportunity for comment because our action to
determine whether this area has attained the NAAQS by the attainment
date is governed, per CAA section 181(b)(2)(A), solely by area design
values as of that date. The area design values relied upon in this
document are calculations based on the certified air quality monitoring
data governed by EPA's regulations and involve no judgment or
discretion. Thus, notice and public procedures are unnecessary to take
this action. The EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(B).
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Order 14094 (88 FR
21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action
does not contain any information collection activities and serves only
to make a final determination that the St. Louis nonattainment area
failed to attain the 2015 ozone standards by the August 3, 2024,
attainment date where such area will be reclassified as Serious
nonattainment for the 2015 ozone standards by operation of law upon the
effective date of the final reclassification action.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA (5
U.S.C. 601 et seq.). This action will not impose any requirements on
small entities. The determination of failure to attain the 2015 ozone
standards (and resulting reclassifications), do not in and of
themselves create any new requirements beyond what is mandated by the
CAA. This final action would require the State to adopt and submit SIP
revisions to satisfy CAA requirements and would not itself directly
regulate any small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no
[[Page 92820]]
enforceable duty on any state, local, or Tribal governments or the
private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the Federal Government and the
States for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' This action does not have Tribal
implications as specified in Executive Order 13175. This action does
not apply on any Indian reservation land, any other area where EPA or
an Indian Tribe has demonstrated that a Tribe has jurisdiction, or non-
reservation areas of Indian country. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern
environmental health or safety risks that the EPA has reason to believe
may disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive order. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. Therefore,
the EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines EJ as ``the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or income
with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' The EPA further
defines the term fair treatment to mean that ``no group of people
should bear a disproportionate burden of environmental harms and risks,
including those resulting from the negative environmental consequences
of industrial, governmental, and commercial operations or programs and
policies.''
The EPA did not perform an EJ analysis and did not consider EJ in
this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for communities with EJ concerns.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes a factual determination for an identified
entity, the St. Louis area, based on facts and circumstances specific
to that entity. The determinations of attainment and failure to attain
the 2015 ozone NAAQS do not in themselves create any new requirements
beyond what is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 24, 2025. Filing a petition for
reconsideration by the Administrator of this action does not affect the
finality of this action for the purposes of judicial review nor does it
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of this action. This
action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 18, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, 40 CFR part 81 is amended
as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In Sec. 81.326, the table entitled ``Missouri--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by revising the entry ``St.
Louis, MO-IL'' to read as follows:
Sec. 81.326 Missouri.
* * * * *
Missouri--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ ------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
St. Louis, MO-IL:.................... ................................. Nonattainment.................... 12/31/24 Serious.
[[Page 92821]]
Franklin County (part).
Boles Township:
Jefferson County............. July 14, 2021 \3\................
St. Charles County.
St. Louis County.
City of St. Louis.
* * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the
designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, but which
remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, the
implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later
designation date.
* * * * *
[FR Doc. 2024-27382 Filed 11-22-24; 8:45 am]
BILLING CODE 6560-50-P
