83_FR_38183 83 FR 38033 - Air Plan Approval and Air Quality Designation; MO; Redesignation of the Missouri Portion of the St. Louis Missouri-Illinois Area to Attainment of the 1997 Annual Standards for Fine Particulate Matter and Approval of Associated Maintenance Plan

83 FR 38033 - Air Plan Approval and Air Quality Designation; MO; Redesignation of the Missouri Portion of the St. Louis Missouri-Illinois Area to Attainment of the 1997 Annual Standards for Fine Particulate Matter and Approval of Associated Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38033-38036
FR Document2018-16003

On January 5, 2018, the Environmental Protection Agency (EPA) published in the Federal Register an advanced notice of proposed rulemaking (ANPR) specifically requesting early input and comments on the Agency's interpretation that air quality monitoring data from 2015- 2017 support a finding that the Missouri Portion of the St. Louis nonattainment area attains the 1997 Annual National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM<INF>2.5</INF>). The notice also provided an evaluation of Missouri's 1997 Annual PM<INF>2.5</INF> NAAQS maintenance plan, which includes the 2008 and 2025 NO<INF>X</INF> and PM<INF>2.5</INF> motor vehicle emission budgets (MVEBs) and established the 2008 base year emissions inventory. EPA received no comments on the ANPR. EPA is now taking direct final action on three items, consistent with the ANPR. First, EPA is approving the state's request to redesignate the Missouri portion of the St. Louis MO-IL nonattainment area to attainment for the 1997 Annual PM<INF>2.5</INF> NAAQS as the monitoring values demonstrate the area attains the standard. Second, EPA is approving the state implementation plan (SIP) revision containing a maintenance plan for the Missouri portion of the area including the motor vehicle emissions budget. Third, EPA is approving Missouri's 2008 base year emissions inventory in accordance with section 172(c)(3) of the CAA.

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38033-38036]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16003]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2017-0734; FRL 9981-29-Region 7]


Air Plan Approval and Air Quality Designation; MO; Redesignation 
of the Missouri Portion of the St. Louis Missouri-Illinois Area to 
Attainment of the 1997 Annual Standards for Fine Particulate Matter and 
Approval of Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On January 5, 2018, the Environmental Protection Agency (EPA) 
published in the Federal Register an advanced notice of proposed 
rulemaking (ANPR) specifically requesting early input and comments on 
the Agency's interpretation that air quality monitoring data from 2015-
2017 support a finding that the Missouri Portion of the St. Louis 
nonattainment area attains the 1997 Annual National Ambient Air Quality 
Standards (NAAQS) for fine particulate matter (PM2.5). The 
notice also provided an evaluation of Missouri's 1997 Annual 
PM2.5 NAAQS maintenance plan, which includes the 2008 and 
2025 NOX and PM2.5 motor vehicle emission budgets 
(MVEBs) and established the 2008 base year emissions inventory. EPA 
received no comments on the ANPR. EPA is now taking direct final action 
on three items, consistent with the ANPR. First, EPA is approving the 
state's request to redesignate the Missouri portion of the St. Louis 
MO-IL nonattainment area to attainment for the 1997 Annual 
PM2.5 NAAQS as the monitoring values demonstrate the area 
attains the standard. Second, EPA is approving the state implementation 
plan (SIP) revision containing a maintenance plan for the

[[Page 38034]]

Missouri portion of the area including the motor vehicle emissions 
budget. Third, EPA is approving Missouri's 2008 base year emissions 
inventory in accordance with section 172(c)(3) of the CAA.

DATES: This direct final rule will be effective October 2, 2018, 
without further notice, unless EPA receives adverse comment by 
September 4, 2018. If EPA receives adverse comment, we will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0734, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

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

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

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is approving actions related to Missouri's request to 
redesignate the Missouri portion of the St. Louis area to attainment 
for the 1997 Annual PM2.5 standards. On September 2, 2011, 
and subsequently on March 31, 2014, and on September 17, 2014,\1\ 
Missouri, through the Missouri Department of Natural Resources (MDNR) 
submitted requests for EPA to redesignate the Missouri portion of the 
St. Louis MO-IL nonattainment area to attainment for the 1997 Annual 
National Ambient Air Quality Standards (NAAQS) for fine particulate 
matter (PM2.5) and approve a state implementation plan (SIP) 
revision containing a maintenance plan for the Missouri portion of the 
area. On January 5, 2018, EPA published an Advanced Notice of Proposed 
Rulemaking (ANPR) on the related actions and received no comments. See 
83 FR 636. In this rulemaking action, EPA is taking direct final action 
to approve the state's request. In addition, EPA is also taking direct 
final action to approve Missouri's 2008 base year emissions inventory 
in accordance with section 172(c)(3) of the CAA.
---------------------------------------------------------------------------

    \1\ The date of the original submission is September 2, 2011. 
Missouri supplemented and revised their request on March 31, 2014, 
September 17, 2014, and May 23, 2017. The May 27, 2017, letter 
requested EPA to take action on the prior submission, but did not 
include additional documentation. EPA considered all submissions in 
reviewing this action.
---------------------------------------------------------------------------

II. Have the requirements for approval of a SIP revision been met?

    The state's submission has met the public notice requirements for 
the redesignation request and maintenance plan submission in accordance 
with 40 CFR 51.102. The submission also satisfied the completeness 
criteria of 40 CFR part 51, appendix V. The state held a public comment 
period from December 30, 2013 to February 6, 2014, and received three 
comments from the EPA. A public hearing was held on January 30, 2014.

III. What action is EPA taking?

    Consistent with the strategy outlined in the ANPR, published in 
January 2018, EPA is taking direct final action to approve Missouri's 
request to redesignate the St. Louis bi-state nonattainment area for 
the 1997 Annual PM2.5 National Ambient Air Quality Standards 
and approve a state implementation plan (SIP) revision containing a 
maintenance plan for the Missouri portion of the area, and officially 
redesignate the area from nonattainment to attainment. EPA is also 
taking direct final action on Missouri's 2008 emission inventory.
    Missouri submitted their first request to determine attainment and 
redesignation on September 1, 2011. The state then supplemented and 
revised their request on March 31, 2014, and on September 17, 2014. In 
this direct final rule, when EPA refers to Missouri's submission, we 
are referring to information provided in the 2011 and 2014 submissions 
and the additional clarifying information together unless otherwise 
specified.
    EPA evaluated Missouri's request and plan consistent with section 
175A of the CAA and EPA's supplemental analysis that the area will 
continue to maintain the 2008 ozone NAAQS following redesignation. The 
Missouri counties comprising the St. Louis area are Franklin, 
Jefferson, St. Charles and St. Louis. The City of St. Louis is also 
part of the nonattainment area. Because we did not receive public 
comments on the advanced notice of proposed rulemaking for this action, 
we are publishing this as a direct final rule as we view this as a 
noncontroversial action and anticipate no adverse comment. However, in 
the ``Proposed Rules'' section of this Federal Register, we are 
publishing a separate document that will serve as the proposed rule to 
approve the SIP revision if adverse comments are received on this 
direct final rule. We will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document. If EPA receives adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that this direct final rule will not take effect. We will 
address all public comments in any subsequent final rule based on the 
proposed rule.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
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);

[[Page 38035]]

     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen dioxide, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

    Dated: July 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

* * * * *

0
2. Revise Sec.  52.1341 to read as follows:


Sec.  52.1341  Control strategy: Particulate.

    (a) Determination of attainment. EPA has determined, as of May 23, 
2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, reasonable further 
progress, contingency measures, and other plan elements related to 
attainment of the standards for as long as the area continues to meet 
the 1997 PM2.5 NAAQS. In addition, based upon EPA's review 
of the air quality data for the three-year period 2007 to 2009, the St. 
Louis (MO-IL) PM2.5 nonattainment area has attained the 1997 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010.
    (b) Redesignation to attainment. On September 1, 2011, and on March 
31, 2014 and on September 17, 2014, Missouri submitted requests to 
redesignate the Missouri portion of the St. Louis MO-IL area to 
attainment of the 1997 Annual PM2.5 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 Annual PM2.5 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 Annual PM2.5 
NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.326  Missouri

* * * * *

                                        Missouri-1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                        Designation \a\                      Classification
            Designated area             ------------------------------------------------------------------------
                                                  Date \1\                 Type           Date \2\       Type
----------------------------------------------------------------------------------------------------------------
St. Louis, MO-IL:
    Franklin County....................  August 3, 2018...........  Attainment          ...........  ...........
    Jefferson County...................  August 3, 2018...........  Attainment          ...........  ...........
    St. Charles County.................  August 3, 2018...........  Attainment          ...........  ...........

[[Page 38036]]

 
    St. Louis County...................  August 3, 2018...........  Attainment          ...........  ...........
    St. Louis City.....................  August 3, 2018...........  Attainment          ...........  ...........
 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2018-16003 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations                                              38033

                                           power and responsibilities among the                    G. Protest Activities                                 servicing, and emergency response
                                           various levels of government. We have                     The Coast Guard respects the First                  operations.
                                           analyzed this rule under that Order and                 Amendment rights of protesters.                         (d) Enforcement. The U.S. Coast
                                           have determined that it is consistent                   Protesters are asked to contact the                   Guard may be assisted in the patrol and
                                           with the fundamental federalism                         person listed in the FOR FURTHER                      enforcement of the safety zone by
                                           principles and preemption requirements                  INFORMATION CONTACT section to
                                                                                                                                                         Federal, State, and local agencies.
                                           described in Executive Order 13132.                     coordinate protest activities so that your              (e) Enforcement period. This zone
                                                                                                   message can be received without                       will be enforced from 8:30 p.m. through
                                              Also, this rule does not have tribal
                                                                                                   jeopardizing the safety or security of                9:30 p.m. on August 4, 2018.
                                           implications under Executive Order
                                           13175, Consultation and Coordination                    people, places or vessels.                              Dated: July 30, 2018.
                                           with Indian Tribal Governments,                                                                               S.E. Anderson,
                                                                                                   List of Subjects in 33 CFR Part 165
                                           because it does not have a substantial                                                                        Captain, U.S. Coast Guard Captain of the
                                           direct effect on one or more Indian                       Harbors, Marine safety, Navigation                  Port Delaware Bay.
                                           tribes, on the relationship between the                 (water), Reporting and recordkeeping                  [FR Doc. 2018–16620 Filed 8–2–18; 8:45 am]
                                           Federal Government and Indian tribes,                   requirements, Security measures,                      BILLING CODE 9110–04–P
                                           or on the distribution of power and                     Waterways.
                                           responsibilities between the Federal                      For the reasons discussed in the
                                           Government and Indian tribes. If you                    preamble, the Coast Guard amends 33                   ENVIRONMENTAL PROTECTION
                                           believe this rule has implications for                  CFR part 165 as follows:                              AGENCY
                                           federalism or Indian tribes, please
                                                                                                   PART 165—REGULATED NAVIGATION                         40 CFR Parts 52 and 81
                                           contact the person listed in the FOR
                                                                                                   AREAS AND LIMITED ACCESS AREAS
                                           FURTHER INFORMATION CONTACT section                                                                           [EPA–R07–OAR–2017–0734; FRL 9981–29-
                                           above.                                                  ■ 1. The authority citation for part 165              Region 7]
                                           E. Unfunded Mandates Reform Act                         continues to read as follows:
                                                                                                                                                         Air Plan Approval and Air Quality
                                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Designation; MO; Redesignation of the
                                             The Unfunded Mandates Reform Act                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Missouri Portion of the St. Louis
                                           of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation
                                                                                                   No. 0170.1.
                                                                                                                                                         Missouri-Illinois Area to Attainment of
                                           Federal agencies to assess the effects of
                                                                                                                                                         the 1997 Annual Standards for Fine
                                           their discretionary regulatory actions. In              ■ 2. Add § 165.T05-0614 to read as                    Particulate Matter and Approval of
                                           particular, the Act addresses actions                   follows:                                              Associated Maintenance Plan
                                           that may result in the expenditure by a
                                           State, local, or tribal government, in the              § 165.T05–0614 Safety Zone; Fireworks,                AGENCY: Environmental Protection
                                           aggregate, or by the private sector of                  Shark River, Neptune, NJ.                             Agency (EPA).
                                           $100,000,000 (adjusted for inflation) or                  (a) Location. The following area is a               ACTION: Direct final rule.
                                           more in any one year. Though this rule                  safety zone: All waters of the Shark
                                           will not result in such an expenditure,                 River off of Neptune, NJ, within 100                  SUMMARY:   On January 5, 2018, the
                                           we do discuss the effects of this rule                  yards of the barge anchored in position               Environmental Protection Agency (EPA)
                                           elsewhere in this preamble.                             40°11′32.08″ N, 074°01′53.06″ W. All                  published in the Federal Register an
                                                                                                   coordinates are based on Datum NAD                    advanced notice of proposed
                                           F. Environment                                          1983.                                                 rulemaking (ANPR) specifically
                                                                                                     (b) Definitions. As used in this                    requesting early input and comments on
                                             We have analyzed this rule under
                                                                                                   section, designated representative                    the Agency’s interpretation that air
                                           Department of Homeland Security
                                                                                                   means a Coast Guard Patrol                            quality monitoring data from 2015–2017
                                           Directive 023–01 and Commandant
                                                                                                   Commander, including a Coast Guard                    support a finding that the Missouri
                                           Instruction M16475.1D, which guide the                  petty officer, warrant or commissioned                Portion of the St. Louis nonattainment
                                           Coast Guard in complying with the                       officer on board a Coast Guard vessel or              area attains the 1997 Annual National
                                           National Environmental Policy Act of                    on board a federal, state, or local law               Ambient Air Quality Standards
                                           1969 (42 U.S.C. 4321–4370f), and have                   enforcement vessel assisting the Captain              (NAAQS) for fine particulate matter
                                           determined that this action is one of a                 of the Port (COTP), Delaware Bay in the               (PM2.5). The notice also provided an
                                           category of actions that do not                         enforcement of the safety zone.                       evaluation of Missouri’s 1997 Annual
                                           individually or cumulatively have a                       (c) Regulations. (1) Under the general              PM2.5 NAAQS maintenance plan, which
                                           significant effect on the human                         safety zone regulations in subpart C of               includes the 2008 and 2025 NOX and
                                           environment. This rule involves a safety                this part, you may not enter the safety               PM2.5 motor vehicle emission budgets
                                           zone that will prohibit persons and                     zone described in paragraph (a) of this               (MVEBs) and established the 2008 base
                                           vessels from entering, transiting                       section unless authorized by the COTP                 year emissions inventory. EPA received
                                           through, anchoring in, or remaining                     or the COTP’s designated representative.              no comments on the ANPR. EPA is now
                                           within a limited area on the navigable                    (2) To seek permission to enter or                  taking direct final action on three items,
                                           water in the Shark River, for                           remain in the zone, contact the COTP or               consistent with the ANPR. First, EPA is
                                           approximately one hour. This rule is                    the COTP’s representative via VHF–FM                  approving the state’s request to
                                           categorically excluded from further                     channel 16 or 215–271–4807. Those in                  redesignate the Missouri portion of the
                                           review under paragraph L60(a) of                        the safety zone must comply with all                  St. Louis MO–IL nonattainment area to
amozie on DSK3GDR082PROD with RULES




                                           Appendix A, Table 1 of DHS Instruction                  lawful orders or directions given to                  attainment for the 1997 Annual PM2.5
                                           Manual 023–01–001–01, Rev. 01. A                        them by the COTP or the COTP’s                        NAAQS as the monitoring values
                                           Record of Environmental Consideration                   designated representative.                            demonstrate the area attains the
                                           (REC) supporting this determination is                    (3) This section applies to all vessels             standard. Second, EPA is approving the
                                           available in the docket where indicated                 except those engaged in law                           state implementation plan (SIP) revision
                                           under ADDRESSES.                                        enforcement, aids to navigation                       containing a maintenance plan for the


                                      VerDate Sep<11>2014   23:08 Aug 02, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\03AUR1.SGM   03AUR1


                                           38034               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations

                                           Missouri portion of the area including                  attainment for the 1997 Annual PM2.5                  The state then supplemented and
                                           the motor vehicle emissions budget.                     standards. On September 2, 2011, and                  revised their request on March 31, 2014,
                                           Third, EPA is approving Missouri’s                      subsequently on March 31, 2014, and on                and on September 17, 2014. In this
                                           2008 base year emissions inventory in                   September 17, 2014,1 Missouri, through                direct final rule, when EPA refers to
                                           accordance with section 172(c)(3) of the                the Missouri Department of Natural                    Missouri’s submission, we are referring
                                           CAA.                                                    Resources (MDNR) submitted requests                   to information provided in the 2011 and
                                           DATES: This direct final rule will be                   for EPA to redesignate the Missouri                   2014 submissions and the additional
                                           effective October 2, 2018, without                      portion of the St. Louis MO–IL                        clarifying information together unless
                                           further notice, unless EPA receives                     nonattainment area to attainment for the              otherwise specified.
                                           adverse comment by September 4, 2018.                   1997 Annual National Ambient Air                         EPA evaluated Missouri’s request and
                                           If EPA receives adverse comment, we                     Quality Standards (NAAQS) for fine                    plan consistent with section 175A of the
                                           will publish a timely withdrawal of the                 particulate matter (PM2.5) and approve a              CAA and EPA’s supplemental analysis
                                           direct final rule in the Federal Register               state implementation plan (SIP) revision              that the area will continue to maintain
                                           informing the public that the rule will                 containing a maintenance plan for the                 the 2008 ozone NAAQS following
                                           not take effect.                                        Missouri portion of the area. On January              redesignation. The Missouri counties
                                                                                                   5, 2018, EPA published an Advanced                    comprising the St. Louis area are
                                           ADDRESSES: Submit your comments,
                                                                                                   Notice of Proposed Rulemaking (ANPR)                  Franklin, Jefferson, St. Charles and St.
                                           identified by Docket ID No. EPA–R07–
                                                                                                   on the related actions and received no                Louis. The City of St. Louis is also part
                                           OAR–2017–0734, to https://
                                                                                                   comments. See 83 FR 636. In this                      of the nonattainment area. Because we
                                           www.regulations.gov. Follow the online
                                                                                                   rulemaking action, EPA is taking direct               did not receive public comments on the
                                           instructions for submitting comments.
                                                                                                   final action to approve the state’s                   advanced notice of proposed
                                           Once submitted, comments cannot be
                                                                                                   request. In addition, EPA is also taking              rulemaking for this action, we are
                                           edited or removed from Regulations.gov.
                                                                                                   direct final action to approve Missouri’s             publishing this as a direct final rule as
                                           EPA may publish any comment received
                                                                                                   2008 base year emissions inventory in                 we view this as a noncontroversial
                                           to its public docket. Do not submit                                                                           action and anticipate no adverse
                                           electronically any information you                      accordance with section 172(c)(3) of the
                                                                                                   CAA.                                                  comment. However, in the ‘‘Proposed
                                           consider to be Confidential Business                                                                          Rules’’ section of this Federal Register,
                                           Information (CBI) or other information                  II. Have the requirements for approval                we are publishing a separate document
                                           whose disclosure is restricted by statute.              of a SIP revision been met?                           that will serve as the proposed rule to
                                           Multimedia submissions (audio, video,                                                                         approve the SIP revision if adverse
                                           etc.) must be accompanied by a written                     The state’s submission has met the
                                                                                                   public notice requirements for the                    comments are received on this direct
                                           comment. The written comment is                                                                               final rule. We will not institute a second
                                           considered the official comment and                     redesignation request and maintenance
                                                                                                   plan submission in accordance with 40                 comment period on this action. Any
                                           should include discussion of all points                                                                       parties interested in commenting must
                                           you wish to make. EPA will generally                    CFR 51.102. The submission also
                                                                                                   satisfied the completeness criteria of 40             do so at this time. For further
                                           not consider comments or comment                                                                              information about commenting on this
                                           contents located outside of the primary                 CFR part 51, appendix V. The state held
                                                                                                   a public comment period from                          rule, see the ADDRESSES section of this
                                           submission (i.e. on the web, cloud, or                                                                        document. If EPA receives adverse
                                           other file sharing system). For                         December 30, 2013 to February 6, 2014,
                                                                                                   and received three comments from the                  comment, we will publish a timely
                                           additional submission methods, the full                                                                       withdrawal in the Federal Register
                                           EPA public comment policy,                              EPA. A public hearing was held on
                                                                                                   January 30, 2014.                                     informing the public that this direct
                                           information about CBI or multimedia                                                                           final rule will not take effect. We will
                                           submissions, and general guidance on                    III. What action is EPA taking?                       address all public comments in any
                                           making effective comments, please visit                                                                       subsequent final rule based on the
                                                                                                      Consistent with the strategy outlined
                                           https://www2.epa.gov/dockets/                                                                                 proposed rule.
                                                                                                   in the ANPR, published in January
                                           commenting-epa-dockets.
                                                                                                   2018, EPA is taking direct final action               IV. Statutory and Executive Order
                                           FOR FURTHER INFORMATION CONTACT:                        to approve Missouri’s request to
                                           Lachala Kemp, Environmental                                                                                   Reviews
                                                                                                   redesignate the St. Louis bi-state
                                           Protection Agency, Air Planning and                     nonattainment area for the 1997 Annual                  Under the Clean Air Act, the
                                           Development Branch, 11201 Renner                        PM2.5 National Ambient Air Quality                    Administrator is required to approve a
                                           Boulevard, Lenexa, Kansas 66219 at                      Standards and approve a state                         SIP submission that complies with the
                                           (913) 551–7214, or by email at                          implementation plan (SIP) revision                    provisions of the Act and applicable
                                           kemp.lachala@epa.gov.                                   containing a maintenance plan for the                 Federal regulations. 42 U.S.C. 7410(k);
                                           SUPPLEMENTARY INFORMATION:                              Missouri portion of the area, and                     40 CFR 52.02(a). Thus, in reviewing SIP
                                           Throughout this document ‘‘we,’’ ‘‘us,’’                officially redesignate the area from                  submissions, EPA’s role is to approve
                                           and ‘‘our’’ refer to EPA. This section                  nonattainment to attainment. EPA is                   state choices, provided that they meet
                                           provides additional information by                      also taking direct final action on                    the criteria of the Clean Air Act.
                                           addressing the following:                               Missouri’s 2008 emission inventory.                   Accordingly, this action merely
                                                                                                      Missouri submitted their first request             approves state law as meeting Federal
                                           I. What is being addressed in this document?
                                           II. Have the requirements for approval of a             to determine attainment and                           requirements and does not impose
                                                SIP revision been met?                             redesignation on September 1, 2011.                   additional requirements beyond those
                                           III. What action is EPA taking?                                                                               imposed by state law. For that reason,
                                                                                                                                                         this action:
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                                           IV. Statutory and Executive Order Reviews                  1 The date of the original submission is

                                                                                                   September 2, 2011. Missouri supplemented and            • Is not a significant regulatory action
                                           I. What is being addressed in this                      revised their request on March 31, 2014, September    subject to review by the Office of
                                           document?                                               17, 2014, and May 23, 2017. The May 27, 2017,         Management and Budget under
                                                                                                   letter requested EPA to take action on the prior
                                              EPA is approving actions related to                  submission, but did not include additional
                                                                                                                                                         Executive Orders 12866 (58 FR 51735,
                                           Missouri’s request to redesignate the                   documentation. EPA considered all submissions in      October 4, 1993) and 13563 (76 FR 3821,
                                           Missouri portion of the St. Louis area to               reviewing this action.                                January 21, 2011);


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                                                                    Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations                                                           38035

                                              • Is not an Executive Order 13771 (82                            submit a rule report, which includes a                    the St. Louis (MO–IL) metropolitan 1997
                                           FR 9339, February 2, 2017) regulatory                               copy of the rule, to each House of the                    PM2.5 nonattainment area has attained
                                           action because SIP approvals are                                    Congress and to the Comptroller General                   the 1997 PM2.5 NAAQS. This
                                           exempted under Executive Order 12866.                               of the United States. EPA will submit a                   determination, in accordance with 40
                                              • Does not impose an information                                 report containing this action and other                   CFR 51.1004(c), suspends the
                                           collection burden under the provisions                              required information to the U.S. Senate,                  requirements for this area to submit an
                                           of the Paperwork Reduction Act (44                                  the U.S. House of Representatives, and                    attainment demonstration, associated
                                           U.S.C. 3501 et seq.);                                               the Comptroller General of the United                     reasonably available control measures,
                                              • Is certified as not having a                                   States prior to publication of the rule in                reasonable further progress, contingency
                                           significant economic impact on a                                    the Federal Register. A major rule                        measures, and other plan elements
                                           substantial number of small entities                                cannot take effect until 60 days after it                 related to attainment of the standards
                                           under the Regulatory Flexibility Act (5                             is published in the Federal Register.                     for as long as the area continues to meet
                                           U.S.C. 601 et seq.);                                                This action is not a ‘‘major rule’’ as                    the 1997 PM2.5 NAAQS. In addition,
                                              • Does not contain any unfunded                                  defined by 5 U.S.C. 804(2).                               based upon EPA’s review of the air
                                           mandate or significantly or uniquely                                                                                          quality data for the three-year period
                                           affect small governments, as described                              List of Subjects
                                                                                                                                                                         2007 to 2009, the St. Louis (MO–IL)
                                           in the Unfunded Mandates Reform Act                                 40 CFR Part 52                                            PM2.5 nonattainment area has attained
                                           of 1995 (Pub. L. 104–4);                                                                                                      the 1997 PM2.5 NAAQS by the
                                              • Does not have Federalism                                         Environmental protection, Air
                                                                                                               pollution control, Incorporation by                       applicable attainment date of April 5,
                                           implications as specified in Executive                                                                                        2010.
                                           Order 13132 (64 FR 43255, August 10,                                reference, Intergovernmental relations,
                                           1999);                                                              Nitrogen dioxide, Particulate matter,                        (b) Redesignation to attainment. On
                                              • Is not an economically significant                             Reporting and recordkeeping                               September 1, 2011, and on March 31,
                                           regulatory action based on health or                                requirements, Sulfur oxides, Volatile                     2014 and on September 17, 2014,
                                           safety risks subject to Executive Order                             organic compounds.                                        Missouri submitted requests to
                                           13045 (62 FR 19885, April 23, 1997);                                                                                          redesignate the Missouri portion of the
                                                                                                               40 CFR Part 81
                                              • Is not a significant regulatory action                                                                                   St. Louis MO–IL area to attainment of
                                           subject to Executive Order 13211 (66 FR                               Environmental protection,                               the 1997 Annual PM2.5 standard. The
                                           28355, May 22, 2001);                                               Administrative practice and procedure,                    Missouri portion of the St. Louis MO–
                                              • Is not subject to requirements of the                          Air pollution control, Designations and                   IL area includes Jefferson, Franklin, St.
                                           National Technology Transfer and                                    classifications, Intergovernmental                        Charles, and St. Louis Counties along
                                           Advancement Act (NTTA) because this                                 relations, Nitrogen dioxide, Particulate                  with the City of St. Louis. As part of the
                                           rulemaking does not involve technical                               matter, Reporting and recordkeeping                       redesignation request, the State
                                           standards; and                                                      requirements, Sulfur oxides, Volatile                     submitted a plan for maintaining the
                                              • Does not provide EPA with the                                  organic compounds.                                        1997 Annual PM2.5 standard through
                                           discretionary authority to address, as                                Dated: July 16, 2018.                                   2025 in the area as required by section
                                           appropriate, disproportionate human                                 James B. Gulliford,                                       175A of the Clean Air Act.
                                           health or environmental effects, using                              Regional Administrator, Region 7.
                                           practicable and legally permissible                                                                                           PART 81—DESIGNATION OF AREAS
                                           methods, under Executive Order 12898                                  For the reasons stated in the                           FOR AIR QUALITY PLANNING
                                           (59 FR 7629, February 16, 1994).                                    preamble, EPA amends 40 CFR parts 52                      PURPOSES
                                              In addition, the SIP is not approved                             and 81 as set forth below:
                                           to apply on any Indian reservation land                                                                                       ■ 3. The authority citation for part 81
                                           or in any other area where EPA or an                                PART 52—APPROVAL AND                                      continues to read as follows:
                                           Indian tribe has demonstrated that a                                PROMULGATION OF
                                                                                                               IMPLEMENTATION PLANS                                           Authority: 42 U.S.C. 7401 et seq.
                                           tribe has jurisdiction. In those areas of
                                           Indian country, the rule does not have                              ■ 1. The authority citation for part 52                   Subpart C—Section 107 Attainment
                                           tribal implications and will not impose                             continues to read as follows:                             Status Designations
                                           substantial direct costs on tribal
                                           governments or preempt tribal law as                                    Authority: 42 U.S.C. 7401 et seq.                     *          *    *     *     *
                                           specified by Executive Order 13175 (65                              Subpart AA—Missouri                                       ■ 4. Section 81.326 is amended by
                                           FR 67249, November 9, 2000).                                                                                                  revising the entry for ‘‘St. Louis MO–IL’’
                                              The Congressional Review Act, 5                                  *       *    *      *    *                                in the table entitled ‘‘Missouri—1997
                                           U.S.C. 801 et seq., as added by the Small                           ■   2. Revise § 52.1341 to read as follows:               Annual PM2.5 NAAQS (Primary and
                                           Business Regulatory Enforcement                                                                                               Secondary)’’ to read as follows:
                                           Fairness Act of 1996, generally provides                            § 52.1341      Control strategy: Particulate.
                                           that before a rule may take effect, the                               (a) Determination of attainment. EPA                    § 81.326       Missouri
                                           agency promulgating the rule must                                   has determined, as of May 23, 2011, that                  *          *    *     *     *

                                                                                                              MISSOURI–1997 ANNUAL PM2.5 NAAQS
                                                                                                                              [Primary and secondary]

                                                                                                                                                      Designation a                                   Classification
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                                                                      Designated area
                                                                                                                                        Date 1                               Type                  Date 2         Type

                                           St. Louis, MO–IL:
                                                Franklin County ........................................................   August 3, 2018 ...................   Attainment
                                                Jefferson County ......................................................    August 3, 2018 ...................   Attainment
                                                St. Charles County ..................................................      August 3, 2018 ...................   Attainment



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                                           38036                    Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations

                                                                                                     MISSOURI–1997 ANNUAL PM2.5 NAAQS—Continued
                                                                                                                                 [Primary and secondary]

                                                                                                                                                         Designation a                                      Classification
                                                                      Designated area
                                                                                                                                           Date 1                               Type                    Date 2             Type

                                                 St. Louis County ......................................................      August 3, 2018 ...................   Attainment
                                                 St. Louis City ...........................................................   August 3, 2018 ...................   Attainment
                                           .

                                                        *                             *                             *                          *                       *                        *                      *
                                               a Includes Indian Country located in each county or area, except as otherwise specified.
                                               1 This date is 90 days after January 5, 2005, unless otherwise noted.
                                               2 This date is July 2, 2014, unless otherwise noted.




                                           *       *        *         *        *                                 ENVIRONMENTAL PROTECTION                                   Wednesday, July 25, 2018, make the
                                           [FR Doc. 2018–16003 Filed 8–2–18; 8:45 am]                            AGENCY                                                     following correction:
                                           BILLING CODE 6560–50–P
                                                                                                                 40 CFR Part 63                                             Table 1 to Subpart LLL of Part 63
                                                                                                                                                                            [Corrected]
                                                                                                                 [EPA–HQ–OAR–2016–0442; FRL–9981–06–
                                                                                                                 OAR]                                                       ■ On page 35135, the table should read
                                                                                                                 RIN 2060–AS92                                              as set forth below:

                                                                                                                 National Emission Standards for
                                                                                                                 Hazardous Air Pollutants From the
                                                                                                                 Portland Cement Manufacturing
                                                                                                                 Industry Residual Risk and
                                                                                                                 Technology Review
                                                                                                                 Correction
                                                                                                                   In rule document 2018–15718
                                                                                                                 beginning on page 35122 in the issue of
                                                                             TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS
                                                        Citation                                                     Requirement                                     Applies to subpart LLL                 Explanation


                                                    *                                *                  *                *                                             *                        *                     *
                                           63.10(e)(3)(v) ....................      Due Dates for Excess Emissions and CMS Performance                                          No                  § 63.1354(b)(9) specifies
                                                                                       Reports.                                                                                                        due date.

                                                        *                             *                             *                          *                       *                        *                      *



                                           [FR Doc. C1–2018–15718 Filed 8–2–18; 8:45 am]                         published a final rule which added                         SUPPLEMENTARY INFORMATION:      This is
                                           BILLING CODE 1301–00–D                                                subsurface intrusion component to the                      EPA’s erratum to the final rule titled
                                                                                                                 Superfund Hazard Ranking System.                           Addition of a Subsurface Intrusion
                                                                                                                 That document inadvertently failed to                      Component to the Hazard Ranking
                                           ENVIRONMENTAL PROTECTION                                              update the Table of Contents and                           System, published January 9, 2017 (82
                                           AGENCY                                                                contained a few other typographical                        FR 2760). This is the second set of
                                                                                                                 errors. This document corrects the final                   corrections. The first set of corrections
                                           40 CFR Part 300                                                       regulation.                                                was published in the Federal Register
                                           [EPA–HQ–SFUND–2010–1086; FRL–9979–                                                                                               on January 31, 2018 (83 FR 4430). This
                                                                                                                 DATES:This correction is effective                         document augments those corrections.
                                           68–OLEM]                                                              August 3, 2018.
                                                                                                                                                                              Section 553 of the Administrative
                                           RIN 2050–AG67                                                         FOR FURTHER INFORMATION CONTACT:                           Procedure Act (APA), 5 U.S.C.
                                                                                                                 Terry Jeng, phone: (703) 603–8852,                         553(b)(3)(B), provides that, when an
                                           Addition of a Subsurface Intrusion
                                                                                                                 email: jeng.terry@epa.gov, Site                            agency for good cause finds that notice
                                           Component to the Hazard Ranking
                                                                                                                 Assessment and Remedy Decisions                            and public procedure are impracticable,
                                           System; Corrections
                                                                                                                 Branch, Assessment and Remediation                         unnecessary, or contrary to the public
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                                           AGENCY:  Environmental Protection                                     Division, Office of Superfund                              interest, the agency may issue a rule
                                           Agency (EPA).                                                         Remediation and Technology                                 without providing notice and an
                                           ACTION: Correcting amendments.                                        Innovation (Mailcode 5204P), U.S.                          opportunity for public comment. See
                                                                                                                 Environmental Protection Agency, 1200                      Utility Solid Waste Activities Group v.
                                           SUMMARY:On January 9, 2017, the                                       Pennsylvania Avenue NW, Washington,                        EPA, 236 F.3d 749, 752 (D.C. Cir. 2001).
                                           Environmental Protection Agency                                       DC 20460.                                                  We have determined that there is good


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Document Created: 2018-11-06 10:34:47
Document Modified: 2018-11-06 10:34:47
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
ActionDirect final rule.
DatesThis direct final rule will be effective October 2, 2018, without further notice, unless EPA receives adverse comment by September 4, 2018. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactLachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7214, or by email at [email protected]
FR Citation83 FR 38033 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Volatile Organic Compounds; Administrative Practice and Procedure and Designations and Classifications

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