Air Plan Approval; Missouri Redesignation Request and Associated Maintenance Plan for the Jefferson County 2010 SO2 1-Hour NAAQS Nonattainment Area
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Abstract
On December 27, 2017, the State of Missouri submitted a request for the Environmental Protection Agency (EPA) to redesignate the Jefferson County, Missouri, 2010 1-hour sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS) nonattainment area to attainment and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the area. The State provided supplemental information on: May 15, 2018; February 7, 2019; February 25, 2019; and April 9, 2021. In response to these submittals, the EPA is taking the following final actions: Approve the State's plan for maintaining attainment of the 2010 1-hour SO<INF>2</INF> primary standard in the area; and approve the State's request to redesignate the Jefferson County SO<INF>2</INF> nonattainment area to attainment for the 2010 1-hour SO<INF>2</INF> primary standard.
Full Text
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Rules and Regulations]
[Pages 4508-4512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01645]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2021-0391; FRL-8693-02-R7]
Air Plan Approval; Missouri Redesignation Request and Associated
Maintenance Plan for the Jefferson County 2010 SO2 1-Hour NAAQS
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On December 27, 2017, the State of Missouri submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the Jefferson County, Missouri, 2010 1-hour sulfur dioxide
(SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS)
nonattainment area to attainment and to approve a State Implementation
Plan (SIP) revision containing a maintenance plan for the area. The
State provided supplemental information on: May 15, 2018; February 7,
2019; February 25, 2019; and April 9, 2021. In response to these
submittals, the EPA is taking the following final actions: Approve the
State's plan for maintaining attainment of the 2010 1-hour
SO<INF>2</INF> primary standard in the area; and approve the State's
request to redesignate the Jefferson County SO<INF>2</INF>
nonattainment area to attainment for the 2010 1-hour SO<INF>2</INF>
primary standard.
DATES: This final rule is effective on February 28, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0391. 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: Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7629 or by email at
<a href="/cdn-cgi/l/email-protection#771c1216045916041f1b120e3712071659101801"><span class="__cf_email__" data-cfemail="7e151b1f0d501f0d16121b073e1b0e1f50191108">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. What is being addressed in this document?
II. The EPA's Responses to Comments
III. Have the requirements for approval of a SIP revision been met?
IV. What are the actions the EPA is taking?
V. Environmental Justice Concerns
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
On December 27, 2017, the State submitted a request for
redesignation of the Jefferson County SO<INF>2</INF> nonattainment area
to attainment and a SIP revision containing a 10-year maintenance plan
for the area. On May 15, 2018, the State submitted a clarifying letter
that Appendix A (containing the emissions inventory for the area) and
Appendix B (containing a Consent Agreement entered between Missouri and
Ameren sources in the area) of the SIP submittal should be considered
part of the SIP revision request. On February 7, 2019, and February 25,
2019, the State submitted supplemental modeling information to the EPA.
On April 9, 2021, the State submitted an addendum to the Consent
Agreement which contains the emissions limits and monitoring,
reporting, and recordkeeping requirements needed to determine
compliance with the emissions limits for the covered sources. The EPA's
proposal at 86 FR 34177 [June 29, 2021] discusses the EPA's review of
the redesignation request, the maintenance plan (including Consent
Agreement and addendum), and the supplemental information and provides
support for the EPA's proposed approval of the request to redesignate
the area to attainment and for proposed approval of the 10-year
maintenance plan. Additional analysis of the redesignation request, 10-
year maintenance plan, Consent Agreement and addendum, and supplemental
modeling information is provided in a Technical Support Document (TSD)
included in this docket. The public comment period on the EPA's
proposed rule opened on June 29, 2021, the date of its publication in
the Federal Register, and closed on July 29, 2021. During this period,
the EPA received one comment. The EPA additionally received a request
to extend the comment period due to the technical support document
being added to the docket partway through the comment period.
Therefore, the EPA reopened the comment period on August 17, 2021, and
closed on September 16, 2021 (86 FR 45950). During this second comment
period, the EPA received one additional comment. Both comments are
addressed in section II.
II. The EPA's Responses to Comments
Comment 1: On July 29, 2021, the EPA received a comment from Ameren
Missouri. The comment was largely supportive of the EPA's proposed
redesignation of the Jefferson County area. Ameren also identified
minor clarifications and corrections needed in the TSD. Specifically,
Ameren noted that the TSD incorrectly stated that meteorological data
was from the Weaver monitor when in fact the Weaver monitor does not
collect meteorological data.
Response 1: The EPA updated this reference to the Johnson Tall
Tower, the source of the meteorological data underlying the pollution
rose on page
[[Page 4509]]
28 of the revised TSD, included in the docket for this action.
Comment 2: On September 16, 2021, the EPA received one comment from
the Missouri Department of Natural Resources. The comment requested the
EPA clarify statements in the proposed rule regarding the need for a
SIP revision to remove monitoring requirements for the industrial
monitoring sites located around Rush Island. Missouri references
Appendix 1 to the Consent Agreement, Additional QAPP Components, which
includes the process for discontinuing any of the monitors around Rush
Island, and states that the EPA's approval of this Quality Assurance
Project Plan (QAPP) into the SIP renders a SIP revision unnecessary to
discontinue the operation of a monitor. Missouri requests that the EPA
clarify that the monitors may be discontinued per the requirements of
the Consent Agreement without the need for a SIP revision.
Response 2: The EPA agrees with Missouri that the Appendix to the
Consent Agreement contains a QAPP that outlines criteria that must be
met in order for Ameren to request discontinuation of a monitor in the
SO<INF>2</INF> Monitoring Network.\1\ Specifically, the Consent
Agreement and QAPP outline criteria to be submitted by Ameren to
Missouri in order to request monitor discontinuation. The EPA agrees
that our approval of the Consent Agreement and QAPP into Missouri's SIP
does allow Missouri to follow the process outlined in the Consent
Agreement and QAPP for discontinuation of a monitor in Ameren's
SO<INF>2</INF> Monitoring Network. To clarify the EPA's position as
stated in the proposed rule, if a monitor in the SO<INF>2</INF>
Monitoring Network is removed, a SIP revision would be triggered to
update certain aspects of the maintenance plan that relied upon the
operation of the monitor.
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\1\ While the term ``SO<INF>2</INF> Monitoring Network'' is not
defined in the Consent Agreement, the maintenance plan identifies
the ``SO<INF>2</INF> Monitoring Network'' to include the following
monitors operated by Ameren: Weaver Road & Highway AA, Natchez, and
Fults.
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Specifically, Missouri would need to update the contingency plan
triggers as relied upon in the maintenance plan and Consent Agreement.
Additionally, and as discussed further below, Missouri must still be
able to demonstrate that they meet the requirements for an appropriate
monitoring network in the area and an appropriate method for verifying
continued attainment throughout the maintenance area for the duration
of the maintenance period.
Contingency Measures
The Consent Agreement that the EPA is approving into the SIP
requires Ameren to install and operate an SO<INF>2</INF> Monitoring
Network at locations representative of the impacts of Rush Island's
emissions and includes specific requirements to be undertaken by Ameren
should a monitor within the SO<INF>2</INF> Monitoring Network record an
elevated concentration. As the EPA explained in the proposed rule, the
EPA interprets these requirements to be contingency measures for
purposes of Clean Air Act (CAA) section 175A.
Additionally, the maintenance plan includes contingency plan
triggers and requirements applicable to entities responsible for
elevated values recorded in the Jefferson County maintenance area. This
includes the Mott Street Monitor as well as the Weaver Monitor located
within the maintenance area near Rush Island.
Monitoring Network Commitment and Verification of Continued Attainment
In addition, Missouri commits in the maintenance plan to continued
operation of the ``appropriate SO<INF>2</INF> network'' in the
Jefferson County maintenance area and describes how the SO<INF>2</INF>
monitoring network was expanded in accordance with the Consent
Agreement to include the Weaver Road & Highway AA, Natchez, and Fults
monitors. The maintenance plan states that the SO<INF>2</INF>
monitoring network is reviewed annually through the Annual Network
Monitoring Plan pursuant 40 CFR part 58, and any discontinuation or
relocation of the monitors would require review and approval by the
EPA.
The EPA agrees with Missouri that any proposed network modification
of State or Local Area Monitoring Stations (SLAMS) is subject to the
approval of the EPA Regional Administrator. For SLAMs that operate in a
maintenance area, 40 CFR 58.14(c)(1) states that, ``. . . if the most
recent attainment or maintenance plan adopted by the State and approved
by EPA contains a contingency measure to be triggered by an air quality
concentration and the monitor to be discontinued is the only SLAMS
monitor operating in the nonattainment or maintenance area, the monitor
may not be discontinued.'' This provision would apply to the Mott
Street monitor, as it is the only SO<INF>2</INF> SLAMS operating within
the Jefferson County area.
The industrial source monitors operated by Ameren are not required
to meet the discontinuation criteria or process outlined for SLAMS
monitors in 40 CFR part 58. However, these monitors characterize the
air quality around the largest remaining source in the area, Rush
Island, and certain concentration levels recorded by these monitors
trigger contingency provisions per the maintenance plan and Consent
Agreement. If Ameren were to request discontinuation of these
industrial source monitors, the Consent Agreement would allow Missouri
to approve such request without approval from the EPA. However,
discontinuation of a monitor would impact the state's ability to meet
the requirement for verification of continued attainment and Missouri's
commitment to operating an appropriate monitoring network in the area,
thereby materially changing Missouri's maintenance plan and the basis
for the EPA's approval of Missouri's maintenance plan.
The EPA therefore disagrees with the commenter concerning whether a
SIP revision is necessary if a monitor is discontinued pursuant to the
terms of the Consent Agreement and finds that if a monitor is
discontinued in the area, Missouri would need to revise the federally
approved maintenance plan and include a justification for removal of
the monitor in order to meet the requirements of section 110(l) of the
CAA. The EPA expects that removal of a monitor would require a
demonstration that the contingency provisions are adequately triggered
in the absence of the monitor. In addition, Missouri must demonstrate
that an appropriate SO<INF>2</INF> monitoring network remains in place
in the maintenance area and that the maintenance plan still meets the
requirement for verification of continued attainment under section
175A.
III. 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 December 2017 SIP submittal from
July 31, 2017, to September 7, 2017 and held a public hearing on August
31, 2017. The State received and addressed nineteen combined comments
from a total of five sources. The State revised the maintenance plan
based on public comment prior to submitting to the EPA.
On April 9, 2021, Missouri submitted a supplement to the SIP
revision to the EPA consisting of an addendum to the Consent Agreement
between Ameren and Missouri. The Consent Agreement addendum
incorporates monitoring, reporting and recordkeeping
[[Page 4510]]
requirements needed to make the emissions limits contained in the
Consent Agreement practically enforceable. Missouri held a public
hearing for this SIP supplement on January 28, 2021, and made the
supplement available for public review and comment from December 28,
2020, through February 4, 2021. Missouri received supportive comments
from Ameren.
In addition, as explained in the EPA's proposed rule (and in more
detail in the technical support document which is included in the
docket for this action), the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
IV. What are the actions the EPA is taking?
The EPA is taking final action to approve the maintenance plan for
the Jefferson County 2010 SO<INF>2</INF> 1-hour NAAQS nonattainment
area into the Missouri SIP (as compliant with CAA section 175A). The
maintenance plan demonstrates that the area will continue to maintain
the 2010 1-hour SO<INF>2</INF> NAAQS and includes contingency
provisions to remedy any future violations of the 2010 1-hour
SO<INF>2</INF> NAAQS and procedures for evaluation of potential
violations.
Additionally, the EPA is taking final action to determine that the
Jefferson County 2010 SO<INF>2</INF> 1-hour NAAQS nonattainment area
has met the criteria under CAA section 107(d)(3)(E) for redesignation
from nonattainment to attainment for the 2010 1-hour SO<INF>2</INF>
NAAQS. On this basis, the EPA is approving Missouri's redesignation
request for the area and changing the legal designation of the portion
of Jefferson County designated nonattainment at 40 CFR part 81 to
attainment for the 2010 1-hour SO<INF>2</INF> NAAQS.
V. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. Area designations address environmental
justice concerns by ensuring that the public is properly informed about
the air quality in an area. If an area is designated nonattainment of
the NAAQS, the CAA provides for the EPA to redesignate the area to
attainment upon a demonstration by the state authority that air quality
is attaining the NAAQS and will continue to maintain the NAAQS in order
to ensure that all those residing, working, attending school, or
otherwise present in those areas are protected, regardless of minority
and economic status.
The EPA utilized the EJSCREEN tool to evaluate environmental and
demographic indicators within the area. The tool outputs are contained
in the docket for this action. While the EPA's EJSCREEN tool
demonstrates that demographic indicators are consistent or lower than
national averages, there are vulnerable populations in the area
including low-income populations and persons over 64 years of age.
This action addresses a redesignation determination for the
Jefferson County, Missouri area. Under CAA section 107(d)(3), the
redesignation of an area to attainment is an action that affects the
status of a geographical area and does not impose any additional
regulatory requirements on sources beyond those imposed by state law.
As discussed in this document and the associated technical support
document, Missouri has demonstrated that the air quality in the
Jefferson County area is attaining the NAAQS and will continue to
maintain the NAAQS. For these reasons, this action does not result in
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations and/or
indigenous peoples.
VI. Incorporation by Reference
In this document the EPA is amending regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing incorporation by reference of the
Missouri State Implementation Plan described in the amendments to 40
CFR part 52 set forth below. The EPA has made, and will continue to
make, these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a>
and at the EPA Region 7 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan are actions that affect the
status of a geographical area and do not impose any additional
regulatory requirements on sources beyond those imposed by state law. A
redesignation to attainment does not in and of itself create any new
requirements, but rather results in the applicability of requirements
contained in the CAA for areas that have been redesignated to
attainment. Moreover, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, 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 these reasons, 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> 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 V of this action,
``Environmental Justice Concerns.''
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
[[Page 4511]]
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 29, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Maintenance plan, Redesignation, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, Designations,
Intergovernmental relations, Redesignation, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: January 14, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320:
0
a. The table in paragraph (d) is amended by adding the entry ``(34)''
in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(81)''
in numerical order.
The additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
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State
Name of source Order/permit number effective date EPA approval date Explanation
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* * * * * * *
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(34) Ameren Missouri.............. Consent Agreement and 12/14/2020 1/28/2022 [insert ..............
Addendum No. APCP- Federal Register
2015-034. citation].
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(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
revision nonattainment area submittal date
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* * * * * * *
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(81) Jefferson County 1-hour Jefferson County.. 12/27/17; 5/15/ 1/28/2022, [insert This action approves
SO2 NAAQS Maintenance Plan and 18; 2/7/19; 2/ Federal Register the Maintenance Plan
Supplemental Modeling Analyses. 25/19; and 4/9/ citation]. and the Supplemental
21 Modeling Analyses for
the Jefferson County
area.
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.1343, add paragraph (c) to read as follows:
Sec. 52.1343 Control strategy: Sulfur dioxide.
* * * * *
(c) Redesignation to attainment. As of February 28, 2022, the
Jefferson County 2010 SO<INF>2</INF> nonattainment area is redesignated
to attainment of the 2010 SO<INF>2</INF> 1-hour National Ambient Air
Quality Standard (NAAQS) in accordance with the requirements of Clean
Air Act (CAA) section 107(d)(3) and EPA has approved its maintenance
plan and supplemental modeling demonstration analyses as meeting the
requirements of CAA section 175A.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
[[Page 4512]]
Subpart C--Section 107 Attainment Status Designations
0
5. In Sec. 81.326, revise the entry ``Jefferson County, MO'' in the
table entitled ``Missouri--2010 Sulfur Dioxide NAAQS [Primary]'' to
read as follows:
Sec. 81.326 Missouri.
* * * * *
Missouri--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area \1\ ----------------------------------------
Date \2\ Type
------------------------------------------------------------------------
* * * * * * *
Jefferson County, MO........... 2/28/2022 Attainment.
Jefferson County (part)........ .............. .......................
That portion within Jefferson .............. .......................
County described by connecting
the following four sets of UTM
coordinates moving in a
clockwise manner:
(Herculaneum USGS Quadrangle), .............. .......................
718360.283, 4250477.056,
729301.869, 4250718.415,
729704.134, 4236840.30,
718762.547, 4236558.715.
(Festus USGS Quadrangle), .............. .......................
718762.547, 4236558.715,
729704.134, 4236840.30,
730066.171, 4223042.637,
719124.585, 4222680.6.
(Selma USGS Quadrangle), .............. .......................
729704.134, 4236840.30,
730428.209, 4236840.3,
741047.984, 4223283.996,
730066.171, 4223042.637.
(Valmeyer USGS Quadrangle), .............. .......................
729301.869, 4250718.415,
731474.096, 4250798.868,
730428.209, 4236840.3,
729704.134, 4236840.30.
* * * * * * *
------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise
specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in
the designation area is not a determination that the state has
regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2022-01645 Filed 1-27-22; 8:45 am]
BILLING CODE 6560-50-P
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