80_FR_9241 80 FR 9207 - Approval and Promulgation of Implementation Plans; Attainment Redesignation for Missouri Portion of the St. Louis MO-IL Area; 1997 8-Hour Ozone Standard and Associated Maintenance Plan

80 FR 9207 - Approval and Promulgation of Implementation Plans; Attainment Redesignation for Missouri Portion of the St. Louis MO-IL Area; 1997 8-Hour Ozone Standard and Associated Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 34 (February 20, 2015)

Page Range9207-9209
FR Document2015-03287

The Environmental Protection Agency (EPA) is taking final action to approve the State of Missouri's request to redesignate the Missouri portion of the St. Louis MO-IL nonattainment area, the ``St. Louis area'' or ``area'' to attainment for the 1997 8-hour National Ambient Air Quality Standards (NAAQS or Standard) for ozone (O<INF>3</INF>). The Missouri counties comprising the St. Louis area are Franklin, Jefferson, St. Charles, and St. Louis along with the City of St. Louis. EPA's approval of the redesignation request is based on the determination that the St. Louis area has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the St. Louis area has attained the 1997 8-hour O<INF>3</INF> standard. Additionally, EPA is approving the state's plan for maintaining the 1997 O<INF>3</INF> standard in the St. Louis area for 10 years beyond redesignation. In a separate action the state of Illinois submitted a similar redesignation request for the Illinois portion of the St. Louis MO-IL 1997 8-hour O<INF>3</INF> area. On June 12, 2012, the EPA published a document in the Federal Register taking final action to address the Illinois portion of the St. Louis area.

Federal Register, Volume 80 Issue 34 (Friday, February 20, 2015)
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9207-9209]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2014-0900; FRL-9923-14-Region 7]


Approval and Promulgation of Implementation Plans; Attainment 
Redesignation for Missouri Portion of the St. Louis MO-IL Area; 1997 8-
Hour Ozone Standard and Associated Maintenance Plan

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State of Missouri's request to redesignate the 
Missouri portion of the St. Louis MO-IL nonattainment area, the ``St. 
Louis area'' or ``area'' to attainment for the 1997 8-hour National 
Ambient Air Quality Standards (NAAQS or Standard) for ozone 
(O3). The Missouri counties comprising the St. Louis area 
are Franklin, Jefferson, St. Charles, and St. Louis along with the City 
of St. Louis. EPA's approval of the redesignation request is based on 
the determination that the St. Louis area has met the criteria for 
redesignation to attainment set forth in the Clean Air Act (CAA), 
including the determination that the St. Louis area has attained the 
1997 8-hour O3 standard. Additionally, EPA is approving the 
state's plan for maintaining the 1997 O3 standard in the St. 
Louis area for 10 years beyond redesignation. In a separate action the 
state of Illinois submitted a similar redesignation request for the 
Illinois portion of the St. Louis MO-IL 1997 8-hour O3 area. 
On June 12, 2012, the EPA published a document in the Federal Register 
taking final action to address the Illinois portion of the St. Louis 
area.

DATES: Effective date: This final rule is effective on February 20, 
2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0900. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 either electronically through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. The Regional Office's official hours of business 
are Monday through Friday, 8:00 a.m. to 4:30 p.m. excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, KS 66219 at (913) 551-7214 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we refer to EPA. This section provides 
additional information by addressing the following:

Table of Contents

I. What is the background for this rule?
II. Summary of SIP Revisions
III. What action is EPA taking??
IV. Statutory and Executive Order Reviews

I. What is the background for this rule?

    On July 18, 1997, EPA promulgated a revised 8-hour O3 
NAAQS of 0.08 parts per million (ppm) (62 FR 38856). EPA published a 
final rule designating and classifying areas under the 8-hour 
O3 NAAQS on April 30, 2004 (69 FR 23857). In that 
rulemaking, the St. Louis area was designated as nonattainment for the 
1997 8-hour O3 standard and classified as a moderate 
nonattainment area under subpart 2 of the CAA.
    On November 3, 2011, Missouri requested redesignation of the 
Missouri portion of the St. Louis area to attainment of the 1997 8-hour 
O3 standard, and requested approval of the Missouri SIP 
revision containing a maintenance plan for the Missouri portion of the 
St. Louis area. Missouri submitted a supplement to this request on 
April 29, 2014.
    On June 9, 2011 (76 FR 33647), EPA issued a final rulemaking 
determining that the entire St. Louis MO-IL area attained the 1997 8-
hour O3 NAAQS based on three years of complete, quality 
assured O3 data for the period of 2008-2010.
    On December 31, 2014(79 FR 78755), EPA published a notice of 
proposed rulemaking (NPR) proposing to approve Missouri's request to 
redesignate the Missouri portion of the St. Louis area to attainment of 
the 1997 8-hour O3 standard, and also proposing to approve 
Missouri's maintenance plan for the area. The proposed rulemaking 
provides a detailed discussion and sets forth the basis for determining 
that Missouri's redesignation request meets the CAA requirements for 
redesignation to attainment for the 1997 8-hour O3 NAAQS.
    The primary background for this action is contained in EPA's 
December 31, 2014, proposal to approve Missouri's redesignation 
request, and in EPA's June 9, 2011, final rulemaking determining that 
the area has attained the 1997 8-hour O3 standard based on 
complete, quality assured monitoring data for 2008-2010. In these 
rulemakings, we noted that under EPA regulations at 40 CFR 50.10 and 40 
CFR part 50, appendix I provides that the 8-hour O3 standard 
is attained when the three-year average of the annual fourth-highest 
daily maximum 8-hour average O3 concentration is less than 
or equal to 0.08 ppm, when rounded at all monitoring sites in the area. 
See 69 FR 23857 (April 30, 2004). To support the redesignation of the 
area to attainment of the NAAQS, the O3 data must be 
complete for the three attainment years. The data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is

[[Page 9208]]

greater than ninety percent, and no single year has less than seventy 
five percent data completeness. See 40 CFR part 50, appendix I, 2.3(d). 
Under the CAA, EPA may redesignate a nonattainment area to attainment 
if sufficient, complete, quality assured data are available to 
determine that the area has attained the standard and if it meets the 
other CAA redesignation requirements in section 107(d)(3)(E).

II. Summary of SIP Revisions

    On November 3, 2011, EPA received a SIP revision from the State of 
Missouri requesting redesignation of the Missouri portion of the St. 
Louis MO-IL area to attainment for the 1997 8-hour O3 
standard, and approval of the area's maintenance plan. Missouri 
submitted a supplemental revision on April 29, 2014. The maintenance 
plan is designed to keep the Missouri portion of the St. Louis area in 
attainment of the 1997 8-hour O3 standard through 2025. A 
more detailed rationale for EPA's proposed action to approve the SIP 
submissions are explained in the NPR and will not be restated here. The 
comment period on EPA's proposed rule opened December 31, 2014, the 
date of its publication in the Federal Register, and closed on January 
30, 2015. No public comments were received on the NPR.

III. What action is EPA taking?

    EPA is approving a request from the State of Missouri to 
redesignate the Missouri portion of the St. Louis, MO-IL area to 
attainment of the 1997 8-hour O3 standard. In addition, EPA 
is approving as a revision to the Missouri SIP, the State's plan for 
maintaining the 1997 8-hour O3 standard through 2025 in the 
area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. This 
is because a delayed effective date is unnecessary due to the nature of 
a redesignation to attainment, which relieves the area from certain CAA 
requirements that would otherwise apply to it. The immediate effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule ``grants or recognizes an exemption or 
relieves a restriction,'' and section 553(d)(3), which allows an 
effective date less than 30 days after publication ``as otherwise 
provided by the agency for good cause found and published with the 
rule.'' The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. This rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, this rule relieves the state of various requirements 
for this nonattainment area. For these reasons, EPA finds good cause 
under 5 U.S.C. 553(d)(3) for this action to become effective on the 
date of publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, 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:
     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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).
    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).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 9, 2015.
Karl Brooks,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental 
Protection Agency 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.

[[Page 9209]]

Subpart AA--Missouri

0
2. Section 52.1342 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1342  Control strategy: Ozone.

* * * * *
    (c) On November 3, 2011 and April 29, 2014, Missouri submitted 
requests to redesignate the Missouri portion of the St. Louis MO-IL 
area to attainment of the 1997 8-hour ozone standard. The Missouri 
portion of the St. Louis MO-IL area includes Jefferson, Franklin, St. 
Charles, and St. Louis Counties along with the City of St. Louis. As 
part of the redesignation request, the State submitted a plan for 
maintaining the 1997 8-hour ozone standard through 2025 in the area as 
required by Section 175A of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. 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
4. Section 81.326 is amended by revising the entry for ``St. Louis MO-
IL'' in the table entitled ``Missouri--1997 8-Hour Ozone NAAQS (Primary 
and Secondary)'' to read as follows:


Sec.  81.326  Missouri.

* * * * *

                                        Missouri--1997 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                     Category/Classification
         Designated area         -------------------------------------------------------------------------------
                                        Date \1\               Type              Date \1\             Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                St. Louis, MO-IL
----------------------------------------------------------------------------------------------------------------
Franklin County.................  February 20, 2015..  Attainment.........
Jefferson County................  February 20, 2015..  Attainment.........
St. Charles County..............  February 20, 2015..  Attainment.........
St. Louis City..................  February 20, 2015..  Attainment.........
St. Louis County................  February 20, 2015..  Attainment.........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. 2015-03287 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations                                         9207

                                                        EPA APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
                                                                                          Applicable geographic or            State submittal/
                                                   Name of SIP provision                                                                                   EPA approval date           Comments
                                                                                            nonattainment area                 effective date


                                                     *                     *                        *                         *                       *                  *                *
                                             2011 Emissions Inventory for the        Dallas-Fort Worth and Houston-                    7/16/2014    2/20/2015 [Insert Federal Reg-
                                               2008 Ozone NAAQS.                      Galveston-Brazoria     Ozone                                     ister citation].
                                                                                      Nonattainment Areas.



                                             [FR Doc. 2015–03449 Filed 2–19–15; 8:45 am]             No. EPA–R07–OAR–2014–0900. All                           On November 3, 2011, Missouri
                                             BILLING CODE 6560–50–P                                  documents in the docket are listed on                 requested redesignation of the Missouri
                                                                                                     the www.regulations.gov Web site.                     portion of the St. Louis area to
                                                                                                     Although listed in the index, some                    attainment of the 1997 8-hour O3
                                             ENVIRONMENTAL PROTECTION                                information is not publicly available,                standard, and requested approval of the
                                             AGENCY                                                  i.e., CBI or other information whose                  Missouri SIP revision containing a
                                                                                                     disclosure is restricted by statute.                  maintenance plan for the Missouri
                                             40 CFR Parts 52 and 81                                  Certain other material, such as                       portion of the St. Louis area. Missouri
                                             [EPA–R07–OAR–2014–0900; FRL–9923–14–                    copyrighted material, is not placed on                submitted a supplement to this request
                                             Region 7]                                               the Internet and will be publicly                     on April 29, 2014.
                                                                                                     available only in hard copy form.                        On June 9, 2011 (76 FR 33647), EPA
                                             Approval and Promulgation of                            Publicly available docket materials are               issued a final rulemaking determining
                                             Implementation Plans; Attainment                        available either electronically through               that the entire St. Louis MO–IL area
                                             Redesignation for Missouri Portion of                   www.regulations.gov or in hard copy at                attained the 1997 8-hour O3 NAAQS
                                             the St. Louis MO–IL Area; 1997 8-Hour                   the Environmental Protection Agency,                  based on three years of complete,
                                             Ozone Standard and Associated                           Air Planning and Development Branch,                  quality assured O3 data for the period of
                                             Maintenance Plan                                        11201 Renner Boulevard, Lenexa,                       2008–2010.
                                                                                                     Kansas 66219. The Regional Office’s                      On December 31, 2014(79 FR 78755),
                                             AGENCY:  Environmental Protection                                                                             EPA published a notice of proposed
                                                                                                     official hours of business are Monday
                                             Agency.                                                                                                       rulemaking (NPR) proposing to approve
                                                                                                     through Friday, 8:00 a.m. to 4:30 p.m.
                                             ACTION: Final rule.                                     excluding Federal holidays. The                       Missouri’s request to redesignate the
                                                                                                     interested persons wanting to examine                 Missouri portion of the St. Louis area to
                                             SUMMARY:     The Environmental Protection
                                                                                                     these documents should make an                        attainment of the 1997 8-hour O3
                                             Agency (EPA) is taking final action to
                                                                                                     appointment with the office at least 24               standard, and also proposing to approve
                                             approve the State of Missouri’s request
                                                                                                     hours in advance.                                     Missouri’s maintenance plan for the
                                             to redesignate the Missouri portion of
                                                                                                     FOR FURTHER INFORMATION CONTACT: Ms.                  area. The proposed rulemaking provides
                                             the St. Louis MO–IL nonattainment
                                                                                                     Lachala Kemp, Environmental                           a detailed discussion and sets forth the
                                             area, the ‘‘St. Louis area’’ or ‘‘area’’ to
                                                                                                     Protection Agency, Air Planning and                   basis for determining that Missouri’s
                                             attainment for the 1997 8-hour National
                                                                                                     Development Branch, 11201 Renner                      redesignation request meets the CAA
                                             Ambient Air Quality Standards
                                                                                                     Boulevard, Lenexa, KS 66219 at (913)                  requirements for redesignation to
                                             (NAAQS or Standard) for ozone (O3).
                                                                                                     551–7214 or by email at kemp.lachala@                 attainment for the 1997 8-hour O3
                                             The Missouri counties comprising the
                                                                                                     epa.gov.                                              NAAQS.
                                             St. Louis area are Franklin, Jefferson, St.                                                                      The primary background for this
                                             Charles, and St. Louis along with the                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                           action is contained in EPA’s December
                                             City of St. Louis. EPA’s approval of the                Throughout this document whenever
                                                                                                                                                           31, 2014, proposal to approve Missouri’s
                                             redesignation request is based on the                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
                                                                                                                                                           redesignation request, and in EPA’s June
                                             determination that the St. Louis area has               to EPA. This section provides additional
                                                                                                                                                           9, 2011, final rulemaking determining
                                             met the criteria for redesignation to                   information by addressing the
                                                                                                                                                           that the area has attained the 1997 8-
                                             attainment set forth in the Clean Air Act               following:
                                                                                                                                                           hour O3 standard based on complete,
                                             (CAA), including the determination that                 Table of Contents                                     quality assured monitoring data for
                                             the St. Louis area has attained the 1997                                                                      2008–2010. In these rulemakings, we
                                             8-hour O3 standard. Additionally, EPA                   I. What is the background for this rule?
                                                                                                     II. Summary of SIP Revisions                          noted that under EPA regulations at 40
                                             is approving the state’s plan for                                                                             CFR 50.10 and 40 CFR part 50,
                                             maintaining the 1997 O3 standard in the                 III. What action is EPA taking??
                                                                                                     IV. Statutory and Executive Order Reviews             appendix I provides that the 8-hour O3
                                             St. Louis area for 10 years beyond                                                                            standard is attained when the three-year
                                             redesignation. In a separate action the                 I. What is the background for this rule?              average of the annual fourth-highest
                                             state of Illinois submitted a similar                     On July 18, 1997, EPA promulgated a                 daily maximum 8-hour average O3
                                             redesignation request for the Illinois                  revised 8-hour O3 NAAQS of 0.08 parts                 concentration is less than or equal to
                                             portion of the St. Louis MO–IL 1997 8-                  per million (ppm) (62 FR 38856). EPA                  0.08 ppm, when rounded at all
                                             hour O3 area. On June 12, 2012, the EPA                 published a final rule designating and                monitoring sites in the area. See 69 FR
                                             published a document in the Federal
Rmajette on DSK2VPTVN1PROD with RULES




                                                                                                     classifying areas under the 8-hour O3                 23857 (April 30, 2004). To support the
                                             Register taking final action to address                 NAAQS on April 30, 2004 (69 FR                        redesignation of the area to attainment
                                             the Illinois portion of the St. Louis area.             23857). In that rulemaking, the St. Louis             of the NAAQS, the O3 data must be
                                             DATES: Effective date: This final rule is               area was designated as nonattainment                  complete for the three attainment years.
                                             effective on February 20, 2015.                         for the 1997 8-hour O3 standard and                   The data completeness requirement is
                                             ADDRESSES: EPA has established a                        classified as a moderate nonattainment                met when the average percent of days
                                             docket for this action under Docket ID                  area under subpart 2 of the CAA.                      with valid ambient monitoring data is


                                        VerDate Sep<11>2014   12:44 Feb 19, 2015   Jkt 235001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\20FER1.SGM   20FER1


                                             9208              Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations

                                             greater than ninety percent, and no                     adjust their behavior and prepare before              appropriate, disproportionate human
                                             single year has less than seventy five                  the final rule takes effect. This rule,               health or environmental effects, using
                                             percent data completeness. See 40 CFR                   however, does not create any new                      practicable and legally permissible
                                             part 50, appendix I, 2.3(d). Under the                  regulatory requirements such that                     methods, under Executive Order 12898
                                             CAA, EPA may redesignate a                              affected parties would need time to                   (59 FR 7629, February 16, 1994).
                                             nonattainment area to attainment if                     prepare before the rule takes effect.                    The SIP is not approved to apply on
                                             sufficient, complete, quality assured                   Rather, this rule relieves the state of               any Indian reservation land or in any
                                             data are available to determine that the                various requirements for this                         other area where EPA or an Indian tribe
                                             area has attained the standard and if it                nonattainment area. For these reasons,                has demonstrated that a tribe has
                                             meets the other CAA redesignation                       EPA finds good cause under 5 U.S.C.                   jurisdiction. In those areas of Indian
                                             requirements in section 107(d)(3)(E).                   553(d)(3) for this action to become                   country, the rule does not have tribal
                                             II. Summary of SIP Revisions                            effective on the date of publication of               implications and will not impose
                                                                                                     this action.                                          substantial direct costs on tribal
                                                On November 3, 2011, EPA received
                                             a SIP revision from the State of Missouri               IV. Statutory and Executive Order                     governments or preempt tribal law as
                                             requesting redesignation of the Missouri                Reviews                                               specified by Executive Order 13175 (65
                                             portion of the St. Louis MO–IL area to                                                                        FR 67249, November 9, 2000).
                                                                                                        Under the CAA, the Administrator is
                                             attainment for the 1997 8-hour O3                       required to approve a SIP submission                     The Congressional Review Act, 5
                                             standard, and approval of the area’s                    that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                             maintenance plan. Missouri submitted a                  Act and applicable Federal regulations.               Business Regulatory Enforcement
                                             supplemental revision on April 29,                      42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                             2014. The maintenance plan is designed                  Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                             to keep the Missouri portion of the St.                 EPA’s role is to approve state choices,               agency promulgating the rule must
                                             Louis area in attainment of the 1997 8-                 provided that they meet the criteria of               submit a rule report, which includes a
                                             hour O3 standard through 2025. A more                   the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                             detailed rationale for EPA’s proposed                   merely approves state law as meeting                  Congress and to the Comptroller General
                                             action to approve the SIP submissions                   Federal requirements and does not                     of the United States. EPA will submit a
                                             are explained in the NPR and will not                   impose additional requirements beyond                 report containing this action and other
                                             be restated here. The comment period                    those imposed by state law. For that                  required information to the U.S. Senate,
                                             on EPA’s proposed rule opened                           reason, this action:                                  the U.S. House of Representatives, and
                                             December 31, 2014, the date of its                         • Is not a significant regulatory action           the Comptroller General of the United
                                             publication in the Federal Register, and                subject to review by the Office of                    States prior to publication of the rule in
                                             closed on January 30, 2015. No public                   Management and Budget under                           the Federal Register. A major rule
                                             comments were received on the NPR.                      Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                             III. What action is EPA taking?                         October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                                                                                     January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                                EPA is approving a request from the                     • does not impose an information                   defined by 5 U.S.C. 804(2).
                                             State of Missouri to redesignate the                    collection burden under the provisions
                                             Missouri portion of the St. Louis, MO–                                                                        List of Subjects
                                                                                                     of the Paperwork Reduction Act (44
                                             IL area to attainment of the 1997 8-hour                U.S.C. 3501 et seq.);                                 40 CFR Part 52
                                             O3 standard. In addition, EPA is                           • is certified as not having a
                                             approving as a revision to the Missouri                 significant economic impact on a                        Environmental protection, Air
                                             SIP, the State’s plan for maintaining the               substantial number of small entities                  pollution control, Incorporation by
                                             1997 8-hour O3 standard through 2025                    under the Regulatory Flexibility Act (5               reference, Intergovernmental relations,
                                             in the area.                                            U.S.C. 601 et seq.);                                  Nitrogen oxides, Ozone, Reporting and
                                                In accordance with 5 U.S.C. 553(d),                     • does not contain any unfunded                    recordkeeping requirements, Volatile
                                             EPA finds there is good cause for this                  mandate or significantly or uniquely                  organic compounds.
                                             action to become effective immediately                  affect small governments, as described
                                             upon publication. This is because a                                                                           40 CFR Part 81
                                                                                                     in the Unfunded Mandates Reform Act
                                             delayed effective date is unnecessary                   of 1995 (Pub. L. 104–4);                                Environmental protection, Air
                                             due to the nature of a redesignation to                    • does not have Federalism                         pollution control.
                                             attainment, which relieves the area from                implications as specified in Executive
                                             certain CAA requirements that would                                                                               Authority: 42 U.S.C. 7401 et seq.
                                                                                                     Order 13132 (64 FR 43255, August 10,
                                             otherwise apply to it. The immediate                    1999);                                                  Dated: February 9, 2015.
                                             effective date for this action is                          • is not an economically significant               Karl Brooks,
                                             authorized under both 5 U.S.C.                          regulatory action based on health or                  Regional Administrator, Region 7.
                                             553(d)(1), which provides that                          safety risks subject to Executive Order
                                             rulemaking actions may become                           13045 (62 FR 19885, April 23, 1997);                    For the reasons stated in the
                                             effective less than 30 days after                          • is not a significant regulatory action           preamble, the Environmental Protection
                                             publication if the rule ‘‘grants or                     subject to Executive Order 13211 (66 FR               Agency amends 40 CFR parts 52 and 81
                                             recognizes an exemption or relieves a                   28355, May 22, 2001);                                 as set forth below:
                                             restriction,’’ and section 553(d)(3),                      • is not subject to requirements of
                                                                                                                                                           PART 52—APPROVAL AND
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                                             which allows an effective date less than                Section 12(d) of the National
                                             30 days after publication ‘‘as otherwise                                                                      PROMULGATION OF
                                                                                                     Technology Transfer and Advancement
                                             provided by the agency for good cause                                                                         IMPLEMENTATION PLANS
                                                                                                     Act of 1995 (15 U.S.C. 272 note) because
                                             found and published with the rule.’’                    application of those requirements would
                                             The purpose of the 30-day waiting                       be inconsistent with the CAA; and                     ■ 1. The authority citation for part 52
                                             period prescribed in section 553(d) is to                  • does not provide EPA with the                    continues to read as follows:
                                             give affected parties a reasonable time to              discretionary authority to address, as                    Authority: 42 U.S.C. 7401 et seq.



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                                                                    Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations                                                                   9209

                                             Subpart AA—Missouri                                                 Charles, and St. Louis Counties along                              Authority: 42 U.S.C. 7401, et seq.
                                                                                                                 with the City of St. Louis. As part of the
                                             ■ 2. Section 52.1342 is amended by                                  redesignation request, the State                               Subpart C—Section 107 Attainment
                                             adding paragraph (c) to read as follows:                            submitted a plan for maintaining the                           Status Designations
                                             § 52.1342         Control strategy: Ozone.
                                                                                                                 1997 8-hour ozone standard through
                                                                                                                 2025 in the area as required by Section                        ■ 4. Section 81.326 is amended by
                                             *     *     *    *     *                                            175A of the Clean Air Act.                                     revising the entry for ‘‘St. Louis MO–IL’’
                                               (c) On November 3, 2011 and April
                                                                                                                                                                                in the table entitled ‘‘Missouri—1997 8-
                                             29, 2014, Missouri submitted requests to                            PART 81—DESIGNATION OF AREAS
                                             redesignate the Missouri portion of the                                                                                            Hour Ozone NAAQS (Primary and
                                                                                                                 FOR AIR QUALITY PLANNING                                       Secondary)’’ to read as follows:
                                             St. Louis MO–IL area to attainment of                               PURPOSES
                                             the 1997 8-hour ozone standard. The                                                                                                § 81.326     Missouri.
                                             Missouri portion of the St. Louis MO–                               ■ 3. The authority citation for part 81
                                             IL area includes Jefferson, Franklin, St.                           continues to read as follows:                                  *        *    *       *     *

                                                                                                             MISSOURI—1997 8-HOUR OZONE NAAQS
                                                                                                                                  [Primary and Secondary]

                                                                                                                                      Designation a                                               Category/Classification
                                                          Designated area
                                                                                                                 Date 1                                            Type                        Date 1                 Type


                                                           *                          *                              *                             *                       *                      *                      *

                                                                                                                                       St. Louis, MO–IL

                                             Franklin County ..........................        February    20,   2015    ......................   Attainment.
                                             Jefferson County ........................         February    20,   2015    ......................   Attainment.
                                             St. Charles County .....................          February    20,   2015    ......................   Attainment.
                                             St. Louis City ..............................     February    20,   2015    ......................   Attainment.
                                             St. Louis County .........................        February    20,   2015    ......................   Attainment.

                                                           *                          *                              *                             *                       *                      *                      *
                                                 a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                 1 This   date is June 15, 2004, unless otherwise noted.


                                             *       *         *       *       *                                 ADDRESSES:    The docket for this action,                      I. General Information
                                             [FR Doc. 2015–03287 Filed 2–19–15; 8:45 am]                         identified by docket identification (ID)
                                                                                                                                                                                A. Does this action apply to me?
                                             BILLING CODE 6560–50–P                                              number EPA–HQ–OPP–2013–0670, is
                                                                                                                 available at http://www.regulations.gov                           You may be potentially affected by
                                                                                                                 or at the Office of Pesticide Programs                         this action if you are an agricultural
                                             ENVIRONMENTAL PROTECTION                                            Regulatory Public Docket (OPP Docket)                          producer, food manufacturer, or
                                             AGENCY                                                              in the Environmental Protection Agency                         pesticide manufacturer. The following
                                             40 CFR Part 180                                                     Docket Center (EPA/DC), West William                           list of North American Industrial
                                                                                                                 Jefferson Clinton Bldg., Rm. 3334, 1301                        Classification System (NAICS) codes is
                                                                                                                 Constitution Ave. NW., Washington, DC                          not intended to be exhaustive, but rather
                                             [EPA–HQ–OPP–2013–0670; FRL–9922–08]                                                                                                provides a guide to help readers
                                                                                                                 20460–0001. The Public Reading Room
                                                                                                                 is open from 8:30 a.m. to 4:30 p.m.,                           determine whether this document
                                             Dimethenamid; Pesticide Tolerances
                                                                                                                 Monday through Friday, excluding legal                         applies to them. Potentially affected
                                             AGENCY:  Environmental Protection                                   holidays. The telephone number for the                         entities may include:
                                             Agency (EPA).                                                       Public Reading Room is (202) 566–1744,                            • Crop production (NAICS code 111).
                                             ACTION: Final rule.                                                 and the telephone number for the OPP                              • Animal production (NAICS code
                                                                                                                 Docket is (703) 305–5805. Please review                        112).
                                             SUMMARY:   This regulation establishes                              the visitor instructions and additional
                                             tolerances for residues of dimethenamid                                                                                               • Food manufacturing (NAICS code
                                                                                                                 information about the docket available                         311).
                                             in or on cottonseed subgroup 20C and                                at http://www.epa.gov/dockets.
                                             cotton, gin byproducts. BASF                                                                                                          • Pesticide manufacturing (NAICS
                                             Corporation requested these tolerances                              FOR FURTHER INFORMATION CONTACT:                               code 32532).
                                             under the Federal Food, Drug, and                                   Susan Lewis, Registration Division
                                             Cosmetic Act (FFDCA).                                               (7505P), Office of Pesticide Programs,                         B. How can I get electronic access to
                                                                                                                 Environmental Protection Agency, 1200                          other related information?
                                             DATES: This regulation is effective
                                                                                                                 Pennsylvania Ave. NW., Washington,
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                                             February 20, 2015. Objections and                                                                                                    You may access a frequently updated
                                             requests for hearings must be received                              DC 20460–0001; main telephone                                  electronic version of EPA’s tolerance
                                             on or before April 21, 2015, and must                               number: (703) 305–7090; email address:                         regulations at 40 CFR part 180 through
                                             be filed in accordance with the                                     RDFRNotices@epa.gov.                                           the Government Publishing Office’s e-
                                             instructions provided in 40 CFR part                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                CFR site at http://www.ecfr.gov/cgi-bin/
                                             178 (see also Unit I.C. of the                                                                                                     text-idx?&c=ecfr&tpl=/ecfrbrowse/
                                             SUPPLEMENTARY INFORMATION).                                                                                                        Title40/40tab_02.tpl.


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Document Created: 2015-12-18 13:02:05
Document Modified: 2015-12-18 13:02:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactMs. Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, KS 66219 at (913) 551-7214 or by email at [email protected]
FR Citation80 FR 9207 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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