83_FR_47755 83 FR 47572 - Approval of Missouri Air Quality Implementation Plans; Redesignation of the Missouri Portion of the St. Louis-St. Charles-Farmington, MO-IL 2008 Ozone Area to Attainment

83 FR 47572 - Approval of Missouri Air Quality Implementation Plans; Redesignation of the Missouri Portion of the St. Louis-St. Charles-Farmington, MO-IL 2008 Ozone Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47572-47574
FR Document2018-20326

The Environmental Protection Agency (EPA) is taking final action to redesignate the Missouri portion of the St. Louis-St. Charles-Farmington, MO-IL nonattainment area (``St. Louis area'' or ``area'') to attainment for the 2008 ozone National Ambient Air Quality Standard (NAAQS). EPA is also approving, as a revision to the Missouri State Implementation Plan (SIP), the state's plan for maintaining the 2008 8-hour ozone NAAQS through 2030. Finally, EPA finds adequate and is approving, as a SIP revision, the State's 2030 volatile organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) Motor Vehicle Emission Budgets (MVEBs) for the Missouri portion of the St. Louis area. The Missouri Department of Natural Resources (MDNR) submitted this request on September 12, 2016, with a supplemental submission on February 16, 2018. EPA addressed the Illinois portion of the St. Louis area in a separate rulemaking action published in the Federal Register on March 1, 2018.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47572-47574]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20326]



[[Page 47572]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2017-0349; FRL-9983-68--Region 7]


Approval of Missouri Air Quality Implementation Plans; 
Redesignation of the Missouri Portion of the St. Louis-St. Charles-
Farmington, MO-IL 2008 Ozone Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to redesignate the Missouri portion of the St. Louis-St. 
Charles-Farmington, MO-IL nonattainment area (``St. Louis area'' or 
``area'') to attainment for the 2008 ozone National Ambient Air Quality 
Standard (NAAQS). EPA is also approving, as a revision to the Missouri 
State Implementation Plan (SIP), the state's plan for maintaining the 
2008 8-hour ozone NAAQS through 2030. Finally, EPA finds adequate and 
is approving, as a SIP revision, the State's 2030 volatile organic 
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle 
Emission Budgets (MVEBs) for the Missouri portion of the St. Louis 
area. The Missouri Department of Natural Resources (MDNR) submitted 
this request on September 12, 2016, with a supplemental submission on 
February 16, 2018. EPA addressed the Illinois portion of the St. Louis 
area in a separate rulemaking action published in the Federal Register 
on March 1, 2018.

DATES: This final rule is effective on September 20, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2017-0349. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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:

Table of Contents

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

I. What is being addressed in this document?

    This final rulemaking takes final action on submissions from MDNR 
dated September 12, 2016, and supplemented on February 16, 2018, 
requesting redesignation of the Missouri portion of the St. Louis area 
attainment for the 2008 ozone NAAQS. The background for this action is 
discussed in detail in EPA's proposed rulemaking published in the 
Federal Register on June 25, 2018 (83 FR 29486). In that proposed 
rulemaking we noted, under EPA's regulations at 40 CFR part 50, the 
2008 8-hour ozone NAAQS is attained when the three-year average of the 
annual fourth highest daily maximum 8-hour average concentration is 
equal to or less than 0.075 ppm at all of the ozone monitoring sites in 
the area. See 40 CFR 50.15 and appendix P to 40 CFR part 50. Under the 
CAA, EPA may redesignate nonattainment areas 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). The proposed rule 
provides a detailed discussion of how Missouri has met these CAA 
requirements.
    As discussed in the June 25, 2018, proposal, quality-assured and 
certified monitoring data for 2013-2015 show that the St. Louis area 
has attained the 2008 ozone standard. In the maintenance plan submitted 
for the area, Missouri has demonstrated that the ozone standard will be 
maintained in the area through 2030. Finally, Missouri adopted 2030 
MVEBs for its portion of the St. Louis area that are adequate and 
supported by MDNR's maintenance demonstration.

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 June 27, 2016, to August 4, 2016, and received six comments 
from three commenters. A public hearing was held on July 28, 2016.

III. EPA's Response to Comments

    EPA provided a thirty-day review and comment period for the June 
25, 2018 proposed rule. The comment period ended on July 25, 2018. EPA 
received three sets of comments, specifically adverse comments from the 
Missouri Department of Natural Resources (MDNR) and the Sierra Club. 
Full sets of these comments are provided in the docket for this final 
action. A summary of the adverse comments and EPA's responses are 
provided below.
    Comment: The commenter stated that Missouri's most recent 
monitoring network plan was approved in 2017, as also stated in the 
proposal. However, a footnote in the proposal references the 2016 
monitoring network plan and the state's commitment to verified 
attainment. The commenter is requesting the footnote reference be 
changed to reflect the most recent approved plan.
    EPA's Response: EPA agrees with the commenter that the most recent 
monitoring network plan was approved on December 19, 2017, and Missouri 
has committed to monitoring air quality for verification of continued 
attainment. In this final rulemaking notice, we clarify that the 
monitoring network plan used for verification of continued attainment 
is the plan approved by EPA on December 19, 2017.
    Comment: The commenter requested clarification on the source of the 
2014 attainment inventory data, since the proposal states that data for 
the 2014 attainment inventory was not interpolated between the 2011 and 
2018 Ozone NAAQS Emissions Modeling platform inventories, because EPA's 
National Emissions Inventory (NEI) was unavailable at the time of the 
redesignation request.
    EPA's Response: EPA agrees with the commenter that the Agency's 
2014 NEI was not available at the time Missouri submitted its request 
for redesignation. EPA also agrees that Missouri did not interpolate 
data between 2011 and 2018 to create inventories for 2014. The state 
used Missouri-specific 2014 emissions data for the 2014 attainment 
year. As indicated in the proposal both NOX and VOC 
emissions decreased from the base year to the attainment year and helps 
adequately demonstrate that

[[Page 47573]]

improvement in air quality is due to permanent and enforceable emission 
reductions.
    Comment: The commenter stated that EPA should not take final action 
to approve the redesignation of the St. Louis area to attainment 
because the state's data indicate most monitoring sites in the 
nonattainment area have exceeded the 2008 ozone NAAQS in just the first 
half of the 2018 ozone season, and that past improvements cannot be 
reasonably attributed to permanent and enforceable reductions in 
emissions because of regular exceedances of the 2008 NAAQS at 
monitoring sites.
    EPA's Response: Section 107(d)(3)(E) of the CAA allows 
redesignation of a nonattainment area to attainment of the NAAQS 
provided that: (1) The Administrator determines that the area has 
attained the NAAQS; (2) the Administrator has fully approved the 
applicable implementation plan for the area under section 110(k) of the 
CAA; (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP, applicable Federal 
air pollutant control regulations, and other permanent and enforceable 
emission reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A of the CAA; and (5) the state containing the area has met all 
requirements applicable to the area for the purposes of redesignation 
under section 110 and part D of the CAA. Specifically, the CAA section 
107(d)(3)(E)(i) requires EPA to determine that the area has attained 
the applicable NAAQS. An area is attaining the 2008 ozone NAAQS if it 
meets the 2008 ozone NAAQS, as determined in accordance with 40 CFR 
50.15 and appendix P of part 50, based on three complete, consecutive 
calendar years of quality assured air quality data for all monitoring 
sites in the area. To attain the NAAQS, the three-year average of the 
annual fourth-highest daily maximum 8-hour average ozone concentrations 
(ozone design values) at each monitor must not exceed 0.075 ppm. EPA 
disagrees with the commenter that final action should not be taken to 
redesignate the St. Louis area due to data indicating exceedances at 
monitoring sites in the area.
    EPA's proposed rulemaking was based on quality assured data from 
2013-2015 which demonstrated that the St. Louis area is attaining the 
2008 ozone NAAQS. In addition, 2014-2016 and 2015-2017 data confirm 
that the area continues to attain that NAAQS. EPA's ozone season runs 
from March-October and data collected thus far in 2018 has yet to be 
quality assured or certified by the state. Individual readings at air 
quality monitors that exceed the level of the NAAQS do not mean that an 
area is no longer attaining the NAAQS. In part because ozone 
concentrations are influenced by meteorology and subject to variable 
conditions, attainment of the 2008 ozone NAAQS is measured using the 
three-year average design value at all monitoring sites in the area. 
Moreover, as stated in the proposal, the St. Louis area has also shown 
a decrease in both NOX and VOC emissions which indicates 
that improvement in air quality is due to permanent and enforceable 
emission reductions, rather than temporary conditions.

IV. What action is EPA taking?

    EPA has determined that the Missouri portion of the St. Louis 
nonattainment area is attaining the 2008 ozone standard based on 
quality-assured and certified monitoring data for 2013-2015 and that 
the Missouri portion of the St. Louis area has met the requirements for 
redesignation under section 107(d)(3)(E) of the CAA.
    EPA is thus approving the state's request to change the designation 
of the Missouri portion of the St. Louis area for the 2008 ozone 
standard from nonattainment to attainment. EPA is also approving, as a 
revision to the Missouri SIP, the state's maintenance plan for the 
area. The maintenance plan is designed to keep the Missouri portion of 
the St. Louis area in attainment of the 2008 ozone NAAQS through 2030. 
Finally, EPA finds adequate and is approving the newly-established 2030 
MVEBs for the Missouri portion of the St. Louis area.
    EPA has determined that these actions are effective immediately 
upon publication under the authority of 5 U.S.C. 553(d). The purpose of 
the thirty-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. Section 553(d)(1) allows an 
effective date less than thirty days after publication if a substantive 
rule ``relieves a restriction.'' These actions qualify for the 
exception under section 553(d)(1) because they relieve the State of 
various requirements for the Area. Furthermore, section 553(d)(3) 
allows an effective date less than thirty days after publication ``as 
otherwise provided by the agency for good cause found and published 
with the rule.'' EPA finds good cause to make these actions effective 
immediately pursuant to section 553(d)(3) because they do not create 
any new regulatory requirements such that affected parties would need 
time to prepare before the actions take effect.

V. 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 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);
     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).

[[Page 47574]]

    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, Ozone, 
Volatile organic compounds.

40 CFR Part 81

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

    Dated: September 13, 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. Amend Sec.  52.1342 by adding paragraph (e) to read as follows:


Sec.  52.1342  Control strategy: Ozone.

* * * * *
    (e) Redesignation to attainment. On September 12, 2016, and 
February 16, 2018, Missouri submitted requests to redesignate its 
portion of the St. Louis MO-IL area to attainment of the 2008 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 2008 ozone standard through 2030 
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-St. 
Charles-Farmington, MO-IL'' in the table entitled ``Missouri--2008 8-
Hour Ozone NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.326   Missouri.

* * * * *

                                        Missouri--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------
St. Louis-St. Charles-
 Farmington, MO-IL \2\:
    Franklin County.............       9/20/2018  Attainment.
    Jefferson County............       9/20/2018  Attainment.
    St. Charles County..........       9/20/2018  Attainment.
    St. Louis County............       9/20/2018  Attainment.
    St. Louis City..............       9/20/2018  Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2018-20326 Filed 9-19-18; 8:45 am]
BILLING CODE 6560-50-P



                                             47572            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                 Boulevard, Lenexa, Kansas 66219 at                    plan submission in accordance with 40
                                             AGENCY                                                   (913) 551–7214, or by email at                        CFR 51.102. The submission also
                                                                                                      kemp.lachala@epa.gov.                                 satisfied the completeness criteria of 40
                                             40 CFR Parts 52 and 81                                   SUPPLEMENTARY INFORMATION:                            CFR part 51, appendix V. The state held
                                             [EPA–R07–OAR–2017–0349; FRL–9983–                        Throughout this document ‘‘we,’’ ‘‘us,’’              a public comment period from June 27,
                                             68—Region 7]                                             and ‘‘our’’ refer to EPA. This section                2016, to August 4, 2016, and received
                                                                                                      provides additional information by                    six comments from three commenters. A
                                             Approval of Missouri Air Quality                         addressing the following:                             public hearing was held on July 28,
                                             Implementation Plans; Redesignation                                                                            2016.
                                             of the Missouri Portion of the St.                       Table of Contents
                                                                                                                                                            III. EPA’s Response to Comments
                                             Louis-St. Charles-Farmington, MO-IL                      I. What is being addressed in this document?
                                             2008 Ozone Area to Attainment                            II. Have the requirements for approval of a              EPA provided a thirty-day review and
                                                                                                            SIP revision been met?                          comment period for the June 25, 2018
                                             AGENCY:  Environmental Protection                        III. EPA’s Response to Comments                       proposed rule. The comment period
                                             Agency (EPA).                                            IV. What action is EPA taking?                        ended on July 25, 2018. EPA received
                                             ACTION: Final rule.                                      V. Statutory and Executive Order Reviews              three sets of comments, specifically
                                                                                                      I. What is being addressed in this                    adverse comments from the Missouri
                                             SUMMARY:     The Environmental Protection                document?                                             Department of Natural Resources
                                             Agency (EPA) is taking final action to                                                                         (MDNR) and the Sierra Club. Full sets
                                             redesignate the Missouri portion of the                     This final rulemaking takes final                  of these comments are provided in the
                                             St. Louis-St. Charles-Farmington, MO-IL                  action on submissions from MDNR                       docket for this final action. A summary
                                             nonattainment area (‘‘St. Louis area’’ or                dated September 12, 2016, and                         of the adverse comments and EPA’s
                                             ‘‘area’’) to attainment for the 2008 ozone               supplemented on February 16, 2018,                    responses are provided below.
                                             National Ambient Air Quality Standard                    requesting redesignation of the Missouri                 Comment: The commenter stated that
                                             (NAAQS). EPA is also approving, as a                     portion of the St. Louis area attainment              Missouri’s most recent monitoring
                                             revision to the Missouri State                           for the 2008 ozone NAAQS. The                         network plan was approved in 2017, as
                                             Implementation Plan (SIP), the state’s                   background for this action is discussed               also stated in the proposal. However, a
                                             plan for maintaining the 2008 8-hour                     in detail in EPA’s proposed rulemaking                footnote in the proposal references the
                                             ozone NAAQS through 2030. Finally,                       published in the Federal Register on                  2016 monitoring network plan and the
                                             EPA finds adequate and is approving, as                  June 25, 2018 (83 FR 29486). In that                  state’s commitment to verified
                                             a SIP revision, the State’s 2030 volatile                proposed rulemaking we noted, under                   attainment. The commenter is
                                             organic compound (VOC) and oxides of                     EPA’s regulations at 40 CFR part 50, the              requesting the footnote reference be
                                             nitrogen (NOX) Motor Vehicle Emission                    2008 8-hour ozone NAAQS is attained                   changed to reflect the most recent
                                             Budgets (MVEBs) for the Missouri                         when the three-year average of the                    approved plan.
                                             portion of the St. Louis area. The                       annual fourth highest daily maximum 8-                   EPA’s Response: EPA agrees with the
                                             Missouri Department of Natural                           hour average concentration is equal to                commenter that the most recent
                                             Resources (MDNR) submitted this                          or less than 0.075 ppm at all of the                  monitoring network plan was approved
                                             request on September 12, 2016, with a                    ozone monitoring sites in the area. See               on December 19, 2017, and Missouri has
                                             supplemental submission on February                      40 CFR 50.15 and appendix P to 40 CFR                 committed to monitoring air quality for
                                             16, 2018. EPA addressed the Illinois                     part 50. Under the CAA, EPA may                       verification of continued attainment. In
                                             portion of the St. Louis area in a                       redesignate nonattainment areas to                    this final rulemaking notice, we clarify
                                             separate rulemaking action published in                  attainment if sufficient complete,                    that the monitoring network plan used
                                             the Federal Register on March 1, 2018.                   quality-assured data are available to                 for verification of continued attainment
                                             DATES: This final rule is effective on
                                                                                                      determine that the area has attained the              is the plan approved by EPA on
                                             September 20, 2018.                                      standard and if it meets the other CAA                December 19, 2017.
                                                                                                      redesignation requirements in section                    Comment: The commenter requested
                                             ADDRESSES: EPA has established a                                                                               clarification on the source of the 2014
                                                                                                      107(d)(3)(E). The proposed rule
                                             docket for this action under Docket ID                   provides a detailed discussion of how                 attainment inventory data, since the
                                             No. EPA–R07–OAR–2017–0349. All                           Missouri has met these CAA                            proposal states that data for the 2014
                                             documents in the docket are listed on                    requirements.                                         attainment inventory was not
                                             the https://www.regulations.gov                             As discussed in the June 25, 2018,                 interpolated between the 2011 and 2018
                                             website. Although listed in the index,                   proposal, quality-assured and certified               Ozone NAAQS Emissions Modeling
                                             some information is not publicly                         monitoring data for 2013–2015 show                    platform inventories, because EPA’s
                                             available, i.e., CBI or other information                that the St. Louis area has attained the              National Emissions Inventory (NEI) was
                                             whose disclosure is restricted by statute.               2008 ozone standard. In the                           unavailable at the time of the
                                             Certain other material, such as                          maintenance plan submitted for the                    redesignation request.
                                             copyrighted material, is not placed on                   area, Missouri has demonstrated that the                 EPA’s Response: EPA agrees with the
                                             the internet and will be publicly                        ozone standard will be maintained in                  commenter that the Agency’s 2014 NEI
                                             available only in hard copy form.                        the area through 2030. Finally, Missouri              was not available at the time Missouri
                                             Publicly available docket materials are                  adopted 2030 MVEBs for its portion of                 submitted its request for redesignation.
                                             available through https://                               the St. Louis area that are adequate and              EPA also agrees that Missouri did not
                                             www.regulations.gov or please contact                    supported by MDNR’s maintenance                       interpolate data between 2011 and 2018
                                             the person identified in the FOR FURTHER                                                                       to create inventories for 2014. The state
tkelley on DSKBCP9HB2PROD with RULES2




                                                                                                      demonstration.
                                             INFORMATION CONTACT section for                                                                                used Missouri-specific 2014 emissions
                                             additional information.                                  II. Have the requirements for approval                data for the 2014 attainment year. As
                                             FOR FURTHER INFORMATION CONTACT:                         of a SIP revision been met?                           indicated in the proposal both NOX and
                                             Lachala Kemp, Environmental                                 The state’s submission has met the                 VOC emissions decreased from the base
                                             Protection Agency, Air Planning and                      public notice requirements for the                    year to the attainment year and helps
                                             Development Branch, 11201 Renner                         redesignation request and maintenance                 adequately demonstrate that


                                        VerDate Sep<11>2014    16:15 Sep 19, 2018   Jkt 244001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                                              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations                                       47573

                                             improvement in air quality is due to                     EPA’s ozone season runs from March–                   section 553(d)(3) because they do not
                                             permanent and enforceable emission                       October and data collected thus far in                create any new regulatory requirements
                                             reductions.                                              2018 has yet to be quality assured or                 such that affected parties would need
                                                Comment: The commenter stated that                    certified by the state. Individual                    time to prepare before the actions take
                                             EPA should not take final action to                      readings at air quality monitors that                 effect.
                                             approve the redesignation of the St.                     exceed the level of the NAAQS do not
                                             Louis area to attainment because the                     mean that an area is no longer attaining              V. Statutory and Executive Order
                                             state’s data indicate most monitoring                    the NAAQS. In part because ozone                      Reviews
                                             sites in the nonattainment area have                     concentrations are influenced by                         Under the Clean Air Act, the
                                             exceeded the 2008 ozone NAAQS in just                    meteorology and subject to variable                   Administrator is required to approve a
                                             the first half of the 2018 ozone season,                 conditions, attainment of the 2008                    SIP submission that complies with the
                                             and that past improvements cannot be                     ozone NAAQS is measured using the                     provisions of the Act and applicable
                                             reasonably attributed to permanent and                   three-year average design value at all                Federal regulations. 42 U.S.C. 7410(k);
                                             enforceable reductions in emissions                      monitoring sites in the area. Moreover,               40 CFR 52.02(a). Thus, in reviewing SIP
                                             because of regular exceedances of the                    as stated in the proposal, the St. Louis              submissions, EPA’s role is to approve
                                             2008 NAAQS at monitoring sites.                          area has also shown a decrease in both                state choices, provided that they meet
                                                EPA’s Response: Section 107(d)(3)(E)                  NOX and VOC emissions which                           the criteria of the CAA. Accordingly,
                                             of the CAA allows redesignation of a                     indicates that improvement in air                     this action merely approves state law as
                                             nonattainment area to attainment of the                  quality is due to permanent and                       meeting Federal requirements and does
                                             NAAQS provided that: (1) The                             enforceable emission reductions, rather               not impose additional requirements
                                             Administrator determines that the area                   than temporary conditions.                            beyond those imposed by state law. For
                                             has attained the NAAQS; (2) the                                                                                that reason, this action:
                                                                                                      IV. What action is EPA taking?
                                             Administrator has fully approved the                                                                              • Is not a significant regulatory action
                                             applicable implementation plan for the                      EPA has determined that the Missouri               subject to review by the Office of
                                             area under section 110(k) of the CAA;                    portion of the St. Louis nonattainment                Management and Budget under
                                             (3) the Administrator determines that                    area is attaining the 2008 ozone                      Executive Orders 12866 (58 FR 51735,
                                             the improvement in air quality is due to                 standard based on quality-assured and                 October 4, 1993) and 13563 (76 FR 3821,
                                             permanent and enforceable reductions                     certified monitoring data for 2013–2015               January 21, 2011);
                                             in emissions resulting from                              and that the Missouri portion of the St.                 • Is not an Executive Order 13771 (82
                                             implementation of the applicable SIP,                    Louis area has met the requirements for               FR 9339, February 2, 2017) regulatory
                                             applicable Federal air pollutant control                 redesignation under section 107(d)(3)(E)              action because SIP approvals are
                                             regulations, and other permanent and                     of the CAA.                                           exempted under Executive Order 12866.
                                             enforceable emission reductions; (4) the                    EPA is thus approving the state’s                     • Does not impose an information
                                             Administrator has fully approved a                       request to change the designation of the              collection burden under the provisions
                                             maintenance plan for the area as                         Missouri portion of the St. Louis area for            of the Paperwork Reduction Act (44
                                             meeting the requirements of section                      the 2008 ozone standard from                          U.S.C. 3501 et seq.);
                                             175A of the CAA; and (5) the state                       nonattainment to attainment. EPA is                      • Is certified as not having a
                                             containing the area has met all                          also approving, as a revision to the                  significant economic impact on a
                                             requirements applicable to the area for                  Missouri SIP, the state’s maintenance                 substantial number of small entities
                                             the purposes of redesignation under                      plan for the area. The maintenance plan               under the Regulatory Flexibility Act (5
                                             section 110 and part D of the CAA.                       is designed to keep the Missouri portion              U.S.C. 601 et seq.);
                                             Specifically, the CAA section                            of the St. Louis area in attainment of the               • Does not contain any unfunded
                                             107(d)(3)(E)(i) requires EPA to                          2008 ozone NAAQS through 2030.                        mandate or significantly or uniquely
                                             determine that the area has attained the                 Finally, EPA finds adequate and is                    affect small governments, as described
                                             applicable NAAQS. An area is attaining                   approving the newly-established 2030                  in the Unfunded Mandates Reform Act
                                             the 2008 ozone NAAQS if it meets the                     MVEBs for the Missouri portion of the                 of 1995 (Pub. L. 104–4);
                                             2008 ozone NAAQS, as determined in                       St. Louis area.                                          • Does not have Federalism
                                             accordance with 40 CFR 50.15 and                            EPA has determined that these actions              implications as specified in Executive
                                             appendix P of part 50, based on three                    are effective immediately upon                        Order 13132 (64 FR 43255, August 10,
                                             complete, consecutive calendar years of                  publication under the authority of 5                  1999);
                                             quality assured air quality data for all                 U.S.C. 553(d). The purpose of the thirty-                • Is not an economically significant
                                             monitoring sites in the area. To attain                  day waiting period prescribed in section              regulatory action based on health or
                                             the NAAQS, the three-year average of                     553(d) is to give affected parties a                  safety risks subject to Executive Order
                                             the annual fourth-highest daily                          reasonable time to adjust their behavior              13045 (62 FR 19885, April 23, 1997);
                                             maximum 8-hour average ozone                             and prepare before the final rule takes                  • Is not a significant regulatory action
                                             concentrations (ozone design values) at                  effect. Section 553(d)(1) allows an                   subject to Executive Order 13211 (66 FR
                                             each monitor must not exceed 0.075                       effective date less than thirty days after            28355, May 22, 2001);
                                             ppm. EPA disagrees with the                              publication if a substantive rule                        • Is not subject to requirements of the
                                             commenter that final action should not                   ‘‘relieves a restriction.’’ These actions             National Technology Transfer and
                                             be taken to redesignate the St. Louis                    qualify for the exception under section               Advancement Act (NTTA) because this
                                             area due to data indicating exceedances                  553(d)(1) because they relieve the State              rulemaking does not involve technical
                                             at monitoring sites in the area.                         of various requirements for the Area.                 standards; and
                                                EPA’s proposed rulemaking was                         Furthermore, section 553(d)(3) allows                    • Does not provide EPA with the
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                                             based on quality assured data from                       an effective date less than thirty days               discretionary authority to address, as
                                             2013–2015 which demonstrated that the                    after publication ‘‘as otherwise provided             appropriate, disproportionate human
                                             St. Louis area is attaining the 2008                     by the agency for good cause found and                health or environmental effects, using
                                             ozone NAAQS. In addition, 2014–2016                      published with the rule.’’ EPA finds                  practicable and legally permissible
                                             and 2015–2017 data confirm that the                      good cause to make these actions                      methods, under Executive Order 12898
                                             area continues to attain that NAAQS.                     effective immediately pursuant to                     (59 FR 7629, February 16, 1994).


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                                             47574              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                                In addition, the SIP is not approved                                 reference, Intergovernmental relations,                             (e) Redesignation to attainment. On
                                             to apply on any Indian reservation land                                 Nitrogen dioxide, Ozone, Volatile                                September 12, 2016, and February 16,
                                             or in any other area where EPA or an                                    organic compounds.                                               2018, Missouri submitted requests to
                                             Indian tribe has demonstrated that a                                                                                                     redesignate its portion of the St. Louis
                                                                                                                     40 CFR Part 81
                                             tribe has jurisdiction. In those areas of                                                                                                MO-IL area to attainment of the 2008
                                             Indian country, the rule does not have                                    Environmental protection,                                      ozone standard. The Missouri portion of
                                             tribal implications and will not impose                                 Administrative practice and procedure,                           the St. Louis MO-IL area includes
                                             substantial direct costs on tribal                                      Air pollution control, Designations and                          Jefferson, Franklin, St. Charles, and St.
                                             governments or preempt tribal law as                                    classifications, Intergovernmental                               Louis Counties along with the City of St.
                                             specified by Executive Order 13175 (65                                  relations, Nitrogen dioxide, Ozone,                              Louis. As part of the redesignation
                                             FR 67249, November 9, 2000).                                            Reporting and recordkeeping                                      request, the State submitted a plan for
                                                The Congressional Review Act, 5                                      requirements, Volatile organic                                   maintaining the 2008 ozone standard
                                             U.S.C. 801 et seq., as added by the Small                               compounds.
                                             Business Regulatory Enforcement                                                                                                          through 2030 in the area as required by
                                             Fairness Act of 1996, generally provides                                  Dated: September 13, 2018.                                     section 175A of the Clean Air Act.
                                             that before a rule may take effect, the                                 James B. Gulliford,
                                                                                                                     Regional Administrator, Region 7.                                PART 81—DESIGNATION OF AREAS
                                             agency promulgating the rule must
                                                                                                                                                                                      FOR AIR QUALITY PLANNING
                                             submit a rule report, which includes a
                                                                                                                       For the reasons stated in the                                  PURPOSES
                                             copy of the rule, to each House of the
                                                                                                                     preamble, EPA amends 40 CFR parts 52
                                             Congress and to the Comptroller General
                                                                                                                     and 81 as set forth below:                                       ■ 3. The authority citation for part 81
                                             of the United States. EPA will submit a
                                             report containing this action and other                                                                                                  continues to read as follows:
                                                                                                                     PART 52—APPROVAL AND
                                             required information to the U.S. Senate,                                PROMULGATION OF                                                      Authority: 42 U.S.C. 7401, et seq.
                                             the U.S. House of Representatives, and                                  IMPLEMENTATION PLANS
                                             the Comptroller General of the United                                                                                                    Subpart C—Section 107 Attainment
                                             States prior to publication of the rule in                              ■ 1. The authority citation for part 52                          Status Designations
                                             the Federal Register. A major rule                                      continues to read as follows:
                                             cannot take effect until 60 days after it                                                                                                ■ 4. Section 81.326 is amended by
                                             is published in the Federal Register.                                       Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                                      revising the entry for ‘‘St. Louis-St.
                                             This action is not a ‘‘major rule’’ as                                                                                                   Charles-Farmington, MO-IL’’ in the table
                                                                                                                     Subpart—AA Missouri
                                             defined by 5 U.S.C. 804(2).                                                                                                              entitled ‘‘Missouri—2008 8-Hour Ozone
                                             List of Subjects                                                        ■ 2. Amend § 52.1342 by adding                                   NAAQS (Primary and Secondary)’’ to
                                                                                                                     paragraph (e) to read as follows:                                read as follows:
                                             40 CFR Part 52
                                               Environmental protection, Air                                         § 52.1342         Control strategy: Ozone.                       § 81.326     Missouri.
                                             pollution control, Incorporation by                                     *        *         *        *         *                          *       *      *        *        *

                                                                                                                  MISSOURI—2008 8-HOUR OZONE NAAQS
                                                                                                                                     [Primary and secondary]

                                                                                                                                                                            Designation                           Classification
                                                                                        Designated area
                                                                                                                                                                       Date 1             Type                Date 1               Type

                                             St. Louis-St. Charles-Farmington, MO-IL 2:
                                                  Franklin County ........................................................................................             9/20/2018    Attainment.
                                                  Jefferson County ......................................................................................              9/20/2018    Attainment.
                                                  St. Charles County ...................................................................................               9/20/2018    Attainment.
                                                  St. Louis County .......................................................................................             9/20/2018    Attainment.
                                                  St. Louis City ............................................................................................          9/20/2018    Attainment.

                                                          *                              *                               *                             *                        *                         *                    *
                                                 1 This   date is July 20, 2012, unless otherwise noted.
                                                 2 Excludes    Indian country located in each area, unless otherwise noted.


                                             *        *        *        *         *                                  DEPARTMENT OF TRANSPORTATION                                     SUMMARY:    This rulemaking rescinds the
                                             [FR Doc. 2018–20326 Filed 9–19–18; 8:45 am]                                                                                              regulation implementing the
                                             BILLING CODE 6560–50–P                                                  Federal Transit Administration                                   requirement for recipients to conduct a
                                                                                                                                                                                      cost-effectiveness analysis before leasing
                                                                                                                     49 CFR Part 639                                                  public transportation equipment or
                                                                                                                     [Docket No. FTA–2018–0006]                                       facilities with Federal transit funds. The
                                                                                                                                                                                      requirement to conduct a cost-
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                                                                                                                     RIN 2132–AB34                                                    effectiveness analysis was rescinded by
                                                                                                                                                                                      statute in 2015.
                                                                                                                     Capital Leases
                                                                                                                                                                                      DATES:This final rule is effective on
                                                                                                                     AGENCY:  Federal Transit Administration                          September 20, 2018.
                                                                                                                     (FTA), Department of Transportation.
                                                                                                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                     ACTION: Final rule.
                                                                                                                                                                                      Mark Montgomery, Office of Chief


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Document Created: 2018-09-20 02:09:06
Document Modified: 2018-09-20 02:09:06
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.
DatesThis final rule is effective on September 20, 2018.
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 47572 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Volatile Organic Compounds; Administrative Practice and Procedure; Designations and Classifications and Reporting and Recordkeeping Requirements

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