Rule2024-27382
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
Primary source
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Published
November 25, 2024
Effective
December 31, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27382]
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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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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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 <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., 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 and Radiation Division, 11201 Renner
[[Page 92817]]
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7697;
email address: <a href="/cdn-cgi/l/email-protection#601609144e17050e0419200510014e070f16"><span class="__cf_email__" data-cfemail="b6c0dfc298c1d3d8d2cff6d3c6d798d1d9c0">[email protected]</span></a>.
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\
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\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.
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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
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St. Louis...................... 0.074 Failed to attain.
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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 (NO<INF>X</INF>).
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 NO<INF>X</INF> 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)).
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\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).
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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.
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\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.
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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.
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\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.
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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\
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\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 <a href="https://www.epa.gov/aqs">https://www.epa.gov/aqs</a>.
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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 <a href="https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments">https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments</a>.
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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 *
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Fourth highest daily maximum 8-
hour average ozone concentration 2021-2023
AQS site ID County State (ppm) design value
------------------------------------ (DV) (ppm)
2021 2022 2023
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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]
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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.
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[FR Doc. 2024-27382 Filed 11-22-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on November 25, 2024.
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.