Rule2023-02310
Air Plan Approval; MO; Marginal Nonattainment Plan for the St. Louis Area for the 2015 8-Hour Ozone Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 7, 2023
Effective
March 9, 2023
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 Missouri Department of Natural Resources (MoDNR) on September 8, 2021, and supplemented on April 8, 2022, as meeting the Marginal nonattainment area requirements for the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS or standard) for the Missouri portion of the St. Louis, MO-IL nonattainment area ("St. Louis area" or "area"). The EPA is taking this action pursuant to the Clean Air Act (CAA or Act).
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7885-7886]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02310]
[[Page 7885]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0880; FRL-10388-02-R7]
Air Plan Approval; MO; Marginal Nonattainment Plan for the St.
Louis Area for the 2015 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the Missouri Department of Natural Resources (MoDNR) on September 8,
2021, and supplemented on April 8, 2022, as meeting the Marginal
nonattainment area requirements for the 2015 8-hour ozone National
Ambient Air Quality Standard (NAAQS or standard) for the Missouri
portion of the St. Louis, MO-IL nonattainment area (``St. Louis area''
or ``area''). The EPA is taking this action pursuant to the Clean Air
Act (CAA or Act).
DATES: This final rule is effective on March 9, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0880. All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">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; telephone number: (913) 551-7629;
email address: <a href="/cdn-cgi/l/email-protection#5c37393d2f723d2f343039251c392c3d723b332a"><span class="__cf_email__" data-cfemail="cea5abafbde0afbda6a2abb78eabbeafe0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean 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. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
On December 6, 2022, EPA proposed to approve a SIP revision
submitted by the MoDNR on September 8, 2021, and supplemented on April
8, 2022, as meeting the Marginal nonattainment area requirements of CAA
sections 172(c) and 182(a) for the 2015 8-hour ozone NAAQS for the
Missouri portion of the St. Louis, MO-IL nonattainment area (87 FR
74573). The background and supporting information for our proposed
approval are stated in the proposed action (87 FR 74573, December 6,
2022) and are not restated here. The public comment period for our
proposed approval ended on January 6, 2022. During the public comment
period, 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 September 8, 2021, SIP revision
from April 26, 2021, to June 3, 2021, and held a public hearing on May
27, 2021. During the public comment period, the State received three
comments from the EPA. The State responds to the comments in its
submittal and made changes to the plan as a result of the comments. The
State provided public notice on the April 8, 2022, SIP revision from
December 27, 2021, to February 3, 2022, and held a public hearing on
January 27, 2022. During the public comment period, the State received
comments from various entities. The State addressed the comments in its
submittal. Comments received on the April 8, 2022, submittal were not
related to the updated 2017 nonattainment base year emissions
inventory. In addition, as explained in the proposed rule, the revision
meets the substantive SIP requirements of the CAA and implementing
regulations.
III. What action is the EPA taking?
The EPA is taking final action to approve a SIP revision submitted
by the MoDNR on September 8, 2021, and supplemented on April 8, 2022,
as meeting the Marginal nonattainment area requirements of CAA section
182(a) for the 2015 8-hour ozone NAAQS for the Missouri portion of the
St. Louis area. The EPA published the associated proposed rule on
December 6, 2022 and received no comments during the public comment
period (87 FR 74573).
IV. Environmental Justice Considerations
While EPA did not perform an area-specific environmental justice
analysis for purposes of this action, due to the nature of the action
being taken here, i.e. to merely approve emissions inventories and
certifications regarding Missouri's fully approved permitting program
as meeting the relevant plan requirements for Marginal nonattainment
areas, as explained in the proposed rule, this action is expected to
have no impact on air quality. For these reasons, this action is not
expected to have a disproportionately high or adverse human health or
environmental effects on a particular group of people.
V. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
<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);
[[Page 7886]]
<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 VI of this action,
``Environmental Justice Considerations.''
<bullet> In addition, the SIP is not approved to apply on any
Indian reservation land or in any other area where 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).
<bullet> This action is subject to the Congressional Review Act,
and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
<bullet> 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 10, 2023. 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, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: January 30, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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 ``(85)'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(85) Marginal Plan for the St. St. Louis Area: 9/8/2021, 4/8/2022 2/7/2023, [insert This action
Louis 2015 8-Hour Ozone Missouri counties Federal Register approves the
Nonattainment Area. of Jefferson, St. citation]. Marginal
Charles, and St. nonattainment
Louis along with area plan for the
the City of St. St. Louis Area
Louis and Boles for the 2015 8-
Township in hour Ozone NAAQS
Franklin County. [EPA-R07-OAR-2022
-0880; FRL-10388-
02-R7].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-02310 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.