Rule2022-01649
Air Plan Approval; Missouri Redesignation Request and Associated Maintenance Plan for the Jackson County 2010 SO2 1-Hour NAAQS Nonattainment Area
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Published
January 31, 2022
Effective
March 2, 2022
Issuing agencies
Environmental Protection Agency
Abstract
On February 18, 2021, the State of Missouri submitted a request for the Environmental Protection Agency (EPA) to redesignate the Jackson County, Missouri, 2010 1-hour sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS) nonattainment area to attainment and approve a State Implementation Plan (SIP) revision containing a maintenance plan for the area. The State provided a supplement to the maintenance plan on September 7, 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 Jackson County SO<INF>2</INF> nonattainment area to attainment for the 2010 1-hour SO<INF>2</INF> primary standard. This redesignation action addresses the EPA's obligation under a consent decree which establishes a deadline of March 31, 2022, for the EPA to determine under Clean Air Act (CAA) section 179(c) whether the Jackson County SO<INF>2</INF> nonattainment area attained the NAAQS by the October 4, 2018, attainment date.
Full Text
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<title>Federal Register, Volume 87 Issue 20 (Monday, January 31, 2022)</title>
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[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Rules and Regulations]
[Pages 4812-4815]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01649]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2021-0667; FRL-9105-02-R7]
Air Plan Approval; Missouri Redesignation Request and Associated
Maintenance Plan for the Jackson County 2010 SO2 1-Hour NAAQS
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On February 18, 2021, the State of Missouri submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the Jackson County, Missouri, 2010 1-hour sulfur dioxide
(SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS)
nonattainment area to attainment and approve a State Implementation
Plan (SIP) revision containing a maintenance plan for the area. The
State provided a supplement to the maintenance plan on
[[Page 4813]]
September 7, 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 Jackson County
SO<INF>2</INF> nonattainment area to attainment for the 2010 1-hour
SO<INF>2</INF> primary standard. This redesignation action addresses
the EPA's obligation under a consent decree which establishes a
deadline of March 31, 2022, for the EPA to determine under Clean Air
Act (CAA) section 179(c) whether the Jackson County SO<INF>2</INF>
nonattainment area attained the NAAQS by the October 4, 2018,
attainment date.
DATES: This final rule is effective on March 2, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0667. 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: Wendy Vit, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7697 or by email at
<a href="/cdn-cgi/l/email-protection#cbbda2bfe5bcaea5afb28baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="e5938c91cb92808b819ca5809584cb828a93">[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. Have the requirements for approval of a SIP revision been met?
III. What are the actions the EPA is taking?
IV. Environmental Justice Concerns
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
On February 18, 2021, the State submitted a request for
redesignation of the Jackson County SO<INF>2</INF> nonattainment area
to attainment and a SIP revision containing a 10-year maintenance plan
for the area. On September 7, 2021, the State submitted a supplement to
the maintenance plan consisting of a Consent Agreement between Missouri
and Vicinity Energy--Kansas City (Vicinity, formerly Veolia-Kansas
City) and an updated air dispersion modeling demonstration to support
the redesignation. The EPA's proposal at 86 FR 59075 [October 26, 2021]
discusses the EPA's review of the redesignation request, the
maintenance plan, and the maintenance plan supplement (including the
Consent Agreement and updated modeling demonstration) 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 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 October 26, 2021, the date of its publication in the Federal
Register and closed on November 26, 2021. During this period, the EPA
received no comments.
II. 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 February 2021 SIP submittal from
November 2, 2020, to December 10, 2020 and held a public hearing on
December 3, 2020. The State received and addressed three comments from
one source (the EPA). The State revised the maintenance plan based on
public comment prior to submitting it to the EPA. Missouri held a
public hearing for the September 2021 maintenance plan supplement on
July 29, 2021, and made the supplement available for public review and
comment from June 28, 2021, through August 5, 2021. Missouri did not
receive any public comments on the maintenance plan supplement.
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.
III. What are the actions the EPA is taking?
The EPA is taking final action to approve the maintenance plan for
the Jackson 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 a process to develop
contingency measures 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
Jackson 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
Jackson County designated nonattainment at 40 CFR part 81 to attainment
for the 2010 1-hour SO<INF>2</INF> NAAQS.
IV. 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. The demographic indicators from EPA's
EJSCREEN tool demonstrate that there are vulnerable populations in the
area, including people of color, low-income populations, linguistically
isolated populations, and populations with less than high school-level
education.
This action addresses a redesignation determination for the Jackson
County, Missouri, area. Under CAA section 107(d)(3), the redesignation
of an area to attainment/unclassifiable 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
[[Page 4814]]
associated technical support document, Missouri has demonstrated that
the air quality in the Jackson 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.
V. 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 the 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 document for more
information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, if 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> 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 IV 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).
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 April 1, 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 ``(35)''
in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(82)''
in numerical order.
The additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
[[Page 4815]]
EPA-Approved Missouri Source-Specific Permits and Orders
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State
Name of source Order/permit No. effective EPA approval date Explanation
date
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* * * * * * *
(35) Vicinity Energy--Kansas City Consent Agreement 6/25/2021 1/31/2022 [insert
No. APCP-2021-007. Federal Register
citation].
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(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
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Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
revision nonattainment area date
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* * * * * * *
(82) Jackson County 1-hour SO2 Jackson County...... 2/18/2021; 1/31/2022, [insert This action approves
NAAQS Maintenance Plan and 9/7/2021 Federal Register the Maintenance
Maintenance Plan Supplement. citation]. Plan and the
Maintenance Plan
Supplement for the
Jackson County
area.
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0
3. In Sec. 52.1343, add paragraph (d) to read as follows:
Sec. 52.1343 Control strategy: Sulfur dioxide.
* * * * *
(d) Redesignation to attainment. As of March 2, 2022, the Jackson
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 maintenance plan supplement 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.
Subpart C--Section 107 Attainment Status Designations
0
5. In Sec. 81.326, revise the entry ``Jackson 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
------------------------------------------------------------------------
Jackson County, MO.............. 3/2/2022 Attainment.
Jackson County (part).
The portion of Jackson County
bounded by I-70/I-670 and the
Missouri River to the north;
and, to the west of I-435 to
the state line separating
Missouri and Kansas.
* * * * * * *
------------------------------------------------------------------------
\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. 2022-01649 Filed 1-28-22; 8:45 am]
BILLING CODE 6560-50-P
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