Rule2021-20974
Air Plan Approval; Approval of Missouri Air Quality Implementation Plans; Revisions to St. Louis 2008 8-Hour Ozone Maintenance Plan
Primary source
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Published
September 30, 2021
Effective
November 1, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri on November 12, 2019, revising the maintenance plan demonstrating continued maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS), the 1979 1-Hour and 1997 8-Hour ozone standards in the St. Louis area. This revision demonstrates that the St. Louis area no longer needs to rely on the vehicle Inspection and Maintenance (I/M) program and the use of Reformulated Gasoline (RFG) for continued maintenance throughout the maintenance period for the 2008 8-Hour ozone NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8- Hour ozone NAAQS. The EPA has determined that this revision meets the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54098-54100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20974]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0360; FRL-8707-02-R7]
Air Plan Approval; Approval of Missouri Air Quality
Implementation Plans; Revisions to St. Louis 2008 8-Hour Ozone
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the State of Missouri on November 12, 2019, revising the maintenance
plan demonstrating continued maintenance of the 2008 ozone National
Ambient Air Quality Standard (NAAQS), the 1979 1-Hour and 1997 8-Hour
ozone standards in the St. Louis area. This revision demonstrates that
the St. Louis area no longer needs to rely on the vehicle Inspection
and Maintenance (I/M) program and the use of Reformulated Gasoline
(RFG) for continued maintenance throughout the maintenance period for
the 2008 8-Hour ozone NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8-
Hour ozone NAAQS. The EPA has determined that this revision meets the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on November 1, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0360. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7718; email
address: <a href="/cdn-cgi/l/email-protection#ea8898859d84c4999e8f9c8f84aa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="4b2939243c2565383f2e3d2e250b2e3b2a652c243d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What Action is the EPA taking?
IV. Statutory and executive order reviews
I. What is being addressed in this document?
The EPA is taking final action to approve SIP revisions submitted
by the State of Missouri on November 12, 2019, revising the 2008 8-hour
ozone maintenance plan previously approved on September 20, 2018 (83 FR
47572). This SIP revision demonstrates continued maintenance of the
2008 8-Hour ozone NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8-Hour
ozone NAAQS in the St. Louis area through the future year of 2030. The
maintenance area boundary includes the Missouri counties of Franklin,
Jefferson, St. Charles, and St. Louis along with the City of St. Louis.
Since the 2008 ozone standard is more stringent than the 1979 and
1997 ozone standards, and the boundary area
[[Page 54099]]
for all three designations are identical, we are approving this SIP
revision to also replace the previously approved maintenance plans
under those older standards.
Through this final action, the EPA is approving this maintenance
plan into Missouri's SIP pursuant to the CAA section 175A as a
replacement to the maintenance plans previously approved by EPA on
October 2, 2018 (83 FR 38033), May 12, 2003 (68 FR 25413), and February
20, 2015 (80 FR 9207).
On May 12, 2003, EPA published a final rule stating the St. Louis
area attained the 1979 1-hour ozone standard, redesignated the area to
attainment, and approved the State's plan for maintaining the 1-hour
ozone NAAQS (68 FR 25413).
On February 20, 2015, EPA issued a final rulemaking approving the
State of Missouri's request to redesignate the Missouri portion of the
St. Louis nonattainment area to attainment and their demonstration for
maintaining the 1997 8-hour ozone NAAQS through the ten-year
maintenance period (2025) (80 FR 9207).
This SIP revision we are acting on in this final action, removes
the reliance on the St. Louis Inspection and Maintenance (I/M) program,
and Reformulated Gasoline (RFG) for continued maintenance of the 2008,
1979 and 1997 standard. To support this revision, Missouri utilized
EPA's 2014 Motor Vehicle Emissions Simulator (MOVES2014b) emission
modeling system to project revised mobile source emissions by removing
emissions reductions related to I/M and RFG throughout the maintenance
period to the future year of 2030.
EPA is approving this revised maintenance plan based on information
provided in the emissions projections, modeling results, and an
evaluation of quality assured air monitoring data submitted as part of
this revision and in a previously reviewed analysis as part of the St.
Louis Nonattainment Area 2008 8-hour Ozone NAAQS Redesignation
rulemaking on September 20, 2018 (83 FR 47572). Current and future
projections of air quality and emissions data for this revision
demonstrates maintenance for the 2008, 1979 and 1997 ozone NAAQS.
This revision only affects maintenance for the 2008, 1979 and 1997
ozone standards, only removes the reliance upon the I/M program and RFG
programs and meets the requirements of the Clean Air Act.
The full text of the plan revisions including Missouri's technical
demonstration can be found in the State's submission, which is included
in the docket for this action. The EPA solicited comments on these
proposed revision to Missouri's SIP published on July 30, 2021 (86 FR
40977), and received one individual's comment in favor of approval.
Therefore, the EPA is finalizing the approval of these revisions to the
SIP.
II. Have the requirements for approval of a SIP revision been met?
The State's 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 this SIP revision from July 29, 2019
through September 13, 2019 and received one comment from the Missouri
Petroleum Marketers and Convenience Store Association, one comment from
Abel Realty, and thirteen comments from EPA. After receiving comments,
the State revised the SIP prior to submitting the plan to EPA. In
addition, as explained above and in more detail in the Missouri
submittal document, which is part of the docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What Action is the EPA taking?
The EPA is taking final action to approve a SIP revision submitted
by the State of Missouri on November 12, 2019, revising the 2008 8-hour
ozone maintenance plan. EPA has determined that this revision does not
interfere with attainment or maintenance of the NAAQS or with any other
CAA requirement.
IV. Statutory and Executive Order Reviews
Under the 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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 November 29, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone.
[[Page 54100]]
Dated: September 22, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 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 ``(79)'' in numerical order to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e)* * *
EPA-Appoved Missouri Nonregulatory Sip Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(79) Revisions to St. Louis St. Louis Area: 11/12/2019 9/30/2021, [insert EPA-R07-OAR-2015-0513;
2008 8-Hour Ozone Maintenance Missouri counties Federal Register This action replaces
Plan. of Franklin, citation]. Maintenance plans for
Jefferson, St. the following ozone
Charles, and St. NAAQS: 1979 1-hour
Louis along with (published in the
the City of St. Federal Register on
Louis. May 12, 2003), 1997 8-
hour (published in the
Federal Register on
February 20, 2015),
2008 8-hour (published
in the Federal
Register on September
20, 2018).
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[FR Doc. 2021-20974 Filed 9-29-21; 8:45 am]
BILLING CODE 6560-50-P
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