83_FR_48427 83 FR 48242 - Air Plan Approval; Missouri; Regional Haze Plan and Prong 4 (Visibility) for the 2012 PM2.5

83 FR 48242 - Air Plan Approval; Missouri; Regional Haze Plan and Prong 4 (Visibility) for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 185 (September 24, 2018)

Page Range48242-48244
FR Document2018-20615

The Environmental Protection Agency (EPA) is taking several final actions regarding the Missouri State Implementation Plan (SIP). Three SIP actions relate to how the state addresses transport as related to visibility impairment in Class 1 areas and the 2012 Fine Particulate Matter (PM<INF>2.5</INF>), 2010 Nitrogen Dioxide (NO<INF>2</INF>), 2010 Sulfur Dioxide (SO<INF>2</INF>), and 2008 Ozone National Ambient Air Quality Standards (NAAQS): The EPA is approving the portion of the state's September 5, 2014 Five-year Progress Report for the State of Missouri Regional Haze Plan and a subsequently submitted letter dated July 31, 2017, which clarified that the state was changing from reliance on the Clean Air Interstate Rule (CAIR) to reliance on the Cross State Air Pollution Rule (CSAPR) for certain regional haze requirements; the EPA is converting its limited approval/ limited disapproval of the state's Regional Haze Plan to a full approval; and the EPA is approving the states' submissions addressing the Clean Air Act (CAA or the Act) provisions that prohibit emissions activity in one state from interfering with measures to protect visibility in another state (prong 4) of the state's infrastructure SIP submittals for the 2008 Ozone, the 2010 Nitrogen Dioxide (NO<INF>2</INF>), the 2010 Sulfur Dioxide (SO<INF>2</INF>), and the 2012 Fine Particulate Matter (PM<INF>2.5</INF>) NAAQS. Finally, based on EPA's approval of the portion of the state's September 5, 2014, Five-year Progress Report that clarified that the state was changing from reliance on CAIR to reliance on CSAPR for certain regional haze requirements and conversion of its limited approval/limited disapproval of the state's Regional Haze Plan to a full approval, the EPA is withdrawing the June 7, 2012, Federal Implementation Plan (FIP) for regional haze.

Federal Register, Volume 83 Issue 185 (Monday, September 24, 2018)
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48242-48244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20615]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0211; FRL-9984-22--Region 7]


Air Plan Approval; Missouri; Regional Haze Plan and Prong 4 
(Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking several 
final actions regarding the Missouri State Implementation Plan (SIP). 
Three SIP actions relate to how the state addresses transport as 
related to visibility impairment in Class 1 areas and the 2012 Fine 
Particulate Matter (PM2.5), 2010 Nitrogen Dioxide 
(NO2), 2010 Sulfur Dioxide (SO2), and 2008 Ozone 
National Ambient Air Quality Standards (NAAQS): The EPA is approving 
the portion of the state's September 5, 2014 Five-year Progress Report 
for the State of Missouri Regional Haze Plan and a subsequently 
submitted letter dated July 31, 2017, which clarified that the state 
was changing from reliance on the Clean Air Interstate Rule (CAIR) to 
reliance on the Cross State Air Pollution Rule (CSAPR) for certain 
regional haze requirements; the EPA is converting its limited approval/
limited disapproval of the state's Regional Haze Plan to a full 
approval; and the EPA is approving the states' submissions addressing 
the Clean Air Act (CAA or the Act) provisions that prohibit emissions 
activity in one state from interfering with measures to protect 
visibility in another state (prong 4) of the state's infrastructure SIP 
submittals for the 2008 Ozone, the 2010 Nitrogen Dioxide 
(NO2), the 2010 Sulfur Dioxide (SO2), and the 
2012 Fine Particulate Matter (PM2.5) NAAQS. Finally, based 
on EPA's approval of the portion of the state's September 5, 2014, 
Five-year Progress Report that clarified that the state was changing 
from reliance on CAIR to reliance on CSAPR for certain regional haze 
requirements and conversion of its limited approval/limited disapproval 
of the state's Regional Haze Plan to a full approval, the EPA is 
withdrawing the June 7, 2012, Federal Implementation Plan (FIP) for 
regional haze.

DATES: This final rule is effective on October 24, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No EPA-R07-OAR-2018-0211. 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: Tracey Casburn, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at 
[email protected].

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

I. Background Information
II. Have the requirements for approval of the SIP submittals been 
met?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
    e. Regional Haze Five-Year Progress Report
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. Background Information

    On May 3, 2018, the EPA proposed to approve the state's change from 
a reliance on CAIR to a reliance on CSAPR to meet certain Regional Haze 
planning obligations; to convert the EPA's limited approval/limited 
disapproval of the state's Regional Haze Plan to a full approval; to 
approve the prong 4 elements of the state's 2008 Ozone, 2010 
NO2, 2010 SO2 and 2012 PM2.5 NAAQS 
infrastructure SIP submittals; and to remove EPA's existing regional 
haze FIP from 40 CFR 52.1339(c) and (d). See 83 FR 19479. The EPA 
received six sets of comments prior to the close of the comment period; 
all six sets of comments were not directly related to the action. The 
EPA's rationale for approving those SIP submissions, was provided in 
the proposal action and will not be restated here. See 83 FR 19479.

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

a. 2008 Ozone NAAQS

    The state's submission met the public notice requirements for the 
Ozone infrastructure SIP submission in accordance with 40 CFR 51.102. 
The state held a public comment period from April 30, 2013, to June 6, 
2013. The EPA provided comments on May 23, 2013, and was the only 
commenter. A public hearing was held on May 30, 2013. The submission 
satisfied the completeness criteria of 40 CFR part 51, appendix V, for 
all elements except 110(a)(2)(D)(i)(I)--significant contribution to 
nonattainment (prong 1), interfering with maintenance of the NAAQs 
(prong 2). The EPA published a document in the Federal Register, 
``Findings of Failure to Submit a Section 110 State Implementation Plan 
for Interstate Transport for the 2008 National Ambient Air Quality 
Standards for Ozone''.\1\ The state was included in this finding 
because it had not made a complete ``good neighbor'' SIP submittal to 
meet the prong 1 and 2 elements.
---------------------------------------------------------------------------

    \1\ See 80 FR 39961 (August 12, 2015).

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

[[Page 48243]]

b. 2010 NO2 NAAQS

    The state's submission met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The state held a public 
comment period from February 25, 2013, to April 4, 2013. The EPA 
provided comments to the state on April 3, 2013, and was the only 
commenter. A public hearing was held on March 28, 2013. The state 
revised its proposed SIP in response to the EPA's comments, and the 
state submitted the SIP to the EPA on April 30, 2013. The submission 
satisfied the completeness criteria of 40 CFR part 51, appendix V.

c. 2010 SO2 NAAQS

    The state's submission met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The state held a public 
comment period from April 30, 2013, to June 6, 2013. The EPA provided 
comments on May 23, 2013, and was the only commenter. A public hearing 
was held on May 30, 2013. The submission satisfied the completeness 
criteria of 40 CFR part 51, appendix V, for all elements except prongs 
1 and 2.

d. 2012 PM2.5 NAAQS

    The state's submission met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The state held a public 
comment period from July 27, 2015, to September 3, 2015. The state 
received no comments during the public comment period. A public hearing 
was held on August 27, 2015. The submission satisfied the completeness 
criteria of 40 CFR part 51, appendix V.

e. Regional Haze Five-Year Progress Report

    The state's submission met the public notice requirements for a SIP 
submission in accordance with 40 CFR 51.102. The state held a public 
comment period from April 28, 2014, to June 5, 2014. The EPA provided 
comments on May 30, 2014. A public hearing was held on May 29, 2014. 
Revisions were made to the draft report in response to comments 
received. The submission satisfied the completeness criteria of 40 CFR 
part 51, appendix V. On July 31, 2017, the state submitted a letter to 
EPA clarifying certain aspects of its Five-year Progress Report for 
regional haze. See 83 FR 19479.

III. The EPA's Response to Comments

    As previously noted, the EPA received six sets of comments prior to 
the close of the comment period; all six sets of comments were not 
directly related to the action and therefore not considered by the EPA 
to be significant or adverse to the action being taken; therefore, the 
EPA is not providing responses here. No changes were made to the 
proposals in this final action after consideration of the comments 
received. All comments on the proposed action are available in the 
docket noted in this action.

IV. What action is the EPA taking?

    As described above, the EPA is taking the following final actions: 
(1) Approving the portion of the state's September 5, 2014 Five-year 
Progress Report for the State of Missouri Regional Haze Plan which, as 
clarified by the July 31, 2017 letter, identified the state's change 
from reliance on CAIR to a reliance on the CSAPR FIP for certain 
regional haze requirements; (2) converting the EPA's limited approval/
limited disapproval of the state's Regional Haze Plan to a full 
approval; and (3) approving the state's infrastructure SIP submissions 
addressing the CAA prong 4 requirements for the 2008 Ozone, 2012 
PM2.5, 2010 NO2, and 2010 SO2 NAAQS. 
Based on EPA's approval of the portion of the state's September 5, 2014 
Five-year Progress Report that clarified that the state was changing 
from reliance on CAIR to reliance on CSAPR for certain regional haze 
requirements and conversion of its limited approval/limited disapproval 
of the state's Regional Haze Plan to a full approval, the EPA is 
withdrawing the FIP from 40 CFR 52.1339(c) and (d) as noticed in the 
proposed regulatory text revisions.

V. Statutory and Executive Order Reviews

A. Executive Orders 12866 and 13563: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    This action will not have a significant economic impact on a 
substantial number of small entities under the RFA. This action will 
not impose any requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments. There are no Indian reservation lands in Missouri. 
Thus, Executive Order 13175 does not apply to this rule.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. This action is not subject to Executive Order 
13045 because it does not concern an environmental health risk or 
safety risk.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

[[Page 48244]]

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action does not have disproportionately high 
and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), this action is subject to the 
requirements of CAA section 307(d), as it revises a FIP under CAA 
section 110(c).

M. Congressional Review Act (CRA)

    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).

N. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 23, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Regional haze, Visibility.

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

    Dated: September 13, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (e) is amended by:
0
a. Revising entry (70); and
0
b. Adding entry (74) in numerical order.
    The revision and addition read as follows:


Sec.  52.1320   Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
   Name of nonregulatory SIP     Applicable geographic    State submittal
            revision             or nonattainment area         date         EPA approval date     Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(70) State Implementation Plan   Statewide............  9/5/2014..........  8/1/2016, 81 FR    Missouri
 (SIP) Revision for Regional                                                 50353; 9/24/       submitted a
 Haze (2014 Five-year Progress                                               2018, [Insert      clarification
 Report).                                                                    Federal Register   letter to its
                                                                             citation].         Five-year
                                                                                                Progress Report
                                                                                                on July 31, 2017
                                                                                                that is part of
                                                                                                this action.
                                                                                                [EPA-R07-OAR-201
                                                                                                5-0581; FRL-9949-
                                                                                                68--Region 7];
                                                                                                [EPA-R07-OAR-201
                                                                                                8-0211; FRL-9984-
                                                                                                22--Region 7.]
 
                                                  * * * * * * *
(74) Sections 110(a)(2)          Statewide............  7/8/2013; 8/30/     9/24/2018,         This action
 Infrastructure Prong 4                                  2013; 7/8/2013;     [Insert Federal    approves the
 Requirements for the 2008                               10/14/2015.         Register           following CAA
 Ozone, 2010 Nitrogen Dioxide,                                               citation].         elements:
 2010 Sulfur Dioxide, and the                                                                   110(a)(2)(D)(i)(
 2012 Fine Particulate Matter                                                                   II)--prong 4.
 NAAQS.                                                                                         [EPA-R07-OAR-201
                                                                                                8-0211; FRL-9984-
                                                                                                22--Region 7.]
----------------------------------------------------------------------------------------------------------------


0
3. Amend Sec.  52.1339 by:
0
a. Revising paragraph (a); and
0
b. Removing paragraphs (c) through (e).
    The revision reads as follows:


Sec.  52.1339   Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are met 
because the plan includes measures for the protection visibility in 
mandatory Class I Federal areas. The Regional Haze Plan submitted by 
Missouri on August 5, 2009, and supplemented on January 30, 2012, in 
addition to the 5-year progress report submitted on September 5, 2014, 
and supplemented by state letter on July 31, 2017, contain fully 
approvable measures for meeting the requirements of the Regional Haze 
Rule.
* * * * *
[FR Doc. 2018-20615 Filed 9-21-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             48242            Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations

                                                                 EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
                                                                                            Applicable            State
                                                                                          geographic or
                                                    Name of SIP provision                                       submittal               EPA approval date                              Comments
                                                                                          nonattainment           date
                                                                                              area


                                                        *                 *                          *                        *                  *                           *                    *
                                             Interstate Transport Requirements          State-wide ........    12/23/2015     9/24/2018, [Insert Federal Reg-            This   action     addresses   CAA
                                                for the 2012 PM2.5 NAAQS.                                                       ister citation].                           110(a)(2)(D)(i)(I).



                                             [FR Doc. 2018–20616 Filed 9–21–18; 8:45 am]             Five-year Progress Report that clarified              I. Background Information
                                             BILLING CODE 6560–50–P                                  that the state was changing from
                                                                                                                                                             On May 3, 2018, the EPA proposed to
                                                                                                     reliance on CAIR to reliance on CSAPR
                                                                                                                                                           approve the state’s change from a
                                                                                                     for certain regional haze requirements
                                             ENVIRONMENTAL PROTECTION                                                                                      reliance on CAIR to a reliance on
                                                                                                     and conversion of its limited approval/
                                             AGENCY                                                                                                        CSAPR to meet certain Regional Haze
                                                                                                     limited disapproval of the state’s
                                                                                                                                                           planning obligations; to convert the
                                                                                                     Regional Haze Plan to a full approval,
                                             40 CFR Part 52                                                                                                EPA’s limited approval/limited
                                                                                                     the EPA is withdrawing the June 7,
                                                                                                                                                           disapproval of the state’s Regional Haze
                                             [EPA–R07–OAR–2018–0211; FRL–9984–                       2012, Federal Implementation Plan (FIP)
                                                                                                                                                           Plan to a full approval; to approve the
                                             22—Region 7]                                            for regional haze.
                                                                                                                                                           prong 4 elements of the state’s 2008
                                             Air Plan Approval; Missouri; Regional                   DATES:This final rule is effective on                 Ozone, 2010 NO2, 2010 SO2 and 2012
                                             Haze Plan and Prong 4 (Visibility) for                  October 24, 2018.                                     PM2.5 NAAQS infrastructure SIP
                                             the 2012 PM2.5, 2010 NO2, 2010 SO2,                                                                           submittals; and to remove EPA’s
                                                                                                     ADDRESSES:    The EPA has established a               existing regional haze FIP from 40 CFR
                                             and 2008 Ozone NAAQS                                    docket for this action under Docket ID                52.1339(c) and (d). See 83 FR 19479.
                                             AGENCY:  Environmental Protection                       No EPA–R07–OAR–2018–0211. All                         The EPA received six sets of comments
                                             Agency (EPA).                                           documents in the docket are listed on                 prior to the close of the comment
                                             ACTION: Final rule.
                                                                                                     the https://www.regulations.gov                       period; all six sets of comments were
                                                                                                     website. Although listed in the index,                not directly related to the action. The
                                             SUMMARY:    The Environmental Protection                some information is not publicly                      EPA’s rationale for approving those SIP
                                             Agency (EPA) is taking several final                    available, i.e., CBI or other information             submissions, was provided in the
                                             actions regarding the Missouri State                    whose disclosure is restricted by statute.            proposal action and will not be restated
                                             Implementation Plan (SIP). Three SIP                    Certain other material, such as                       here. See 83 FR 19479.
                                             actions relate to how the state addresses               copyrighted material, is not placed on
                                             transport as related to visibility                      the internet and will be publicly                     II. Have the requirements for approval
                                             impairment in Class 1 areas and the                     available only in hard copy form.                     of the SIP submittals been met?
                                             2012 Fine Particulate Matter (PM2.5),                   Publicly available docket materials are
                                                                                                                                                           a. 2008 Ozone NAAQS
                                             2010 Nitrogen Dioxide (NO2), 2010                       available through https://
                                             Sulfur Dioxide (SO2), and 2008 Ozone                    www.regulations.gov or please contact                    The state’s submission met the public
                                             National Ambient Air Quality Standards                  the person identified in the FOR FURTHER              notice requirements for the Ozone
                                             (NAAQS): The EPA is approving the                       INFORMATION CONTACT section for                       infrastructure SIP submission in
                                             portion of the state’s September 5, 2014                additional information.                               accordance with 40 CFR 51.102. The
                                             Five-year Progress Report for the State                                                                       state held a public comment period
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             of Missouri Regional Haze Plan and a                                                                          from April 30, 2013, to June 6, 2013.
                                                                                                     Tracey Casburn, Environmental                         The EPA provided comments on May
                                             subsequently submitted letter dated July
                                                                                                     Protection Agency, Air Planning and                   23, 2013, and was the only commenter.
                                             31, 2017, which clarified that the state
                                                                                                     Development Branch, 11201 Renner                      A public hearing was held on May 30,
                                             was changing from reliance on the Clean
                                                                                                     Boulevard, Lenexa, Kansas 66219 at                    2013. The submission satisfied the
                                             Air Interstate Rule (CAIR) to reliance on
                                                                                                     (913) 551–7016, or by email at                        completeness criteria of 40 CFR part 51,
                                             the Cross State Air Pollution Rule
                                                                                                     casburn.tracey@epa.gov.                               appendix V, for all elements except
                                             (CSAPR) for certain regional haze
                                             requirements; the EPA is converting its                 SUPPLEMENTARY INFORMATION:                            110(a)(2)(D)(i)(I)—significant
                                             limited approval/limited disapproval of                 Throughout this document ‘‘we,’’ ‘‘us,’’              contribution to nonattainment (prong 1),
                                             the state’s Regional Haze Plan to a full                and ‘‘our’’ refer to the EPA. This section            interfering with maintenance of the
                                             approval; and the EPA is approving the                  provides additional information by                    NAAQs (prong 2). The EPA published a
                                             states’ submissions addressing the Clean                addressing the following:                             document in the Federal Register,
                                             Air Act (CAA or the Act) provisions that                                                                      ‘‘Findings of Failure to Submit a Section
                                                                                                     I. Background Information
                                             prohibit emissions activity in one state                II. Have the requirements for approval of the
                                                                                                                                                           110 State Implementation Plan for
                                             from interfering with measures to                             SIP submittals been met?
                                                                                                                                                           Interstate Transport for the 2008
                                             protect visibility in another state (prong                 a. 2008 Ozone NAAQS                                National Ambient Air Quality
                                             4) of the state’s infrastructure SIP                                                                          Standards for Ozone’’.1 The state was
daltland on DSKBBV9HB2PROD with RULES




                                                                                                        b. 2010 NO2 NAAQS
                                             submittals for the 2008 Ozone, the 2010                    c. 2010 SO2 NAAQS                                  included in this finding because it had
                                             Nitrogen Dioxide (NO2), the 2010 Sulfur                    d. 2012 PM2.5 NAAQS                                not made a complete ‘‘good neighbor’’
                                             Dioxide (SO2), and the 2012 Fine                           e. Regional Haze Five-Year Progress Report         SIP submittal to meet the prong 1 and
                                             Particulate Matter (PM2.5) NAAQS.                       III. The EPA’s Response to Comments                   2 elements.
                                             Finally, based on EPA’s approval of the                 IV. What action is the EPA taking?
                                             portion of the state’s September 5, 2014,               V. Statutory and Executive Order Reviews                1 See   80 FR 39961 (August 12, 2015).



                                        VerDate Sep<11>2014   17:46 Sep 21, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\24SER1.SGM    24SER1


                                                              Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations                                       48243

                                             b. 2010 NO2 NAAQS                                       considered by the EPA to be significant               D. Regulatory Flexibility Act (RFA)
                                                The state’s submission met the public                or adverse to the action being taken;
                                                                                                     therefore, the EPA is not providing                     This action will not have a significant
                                             notice requirements for SIP submissions                                                                       economic impact on a substantial
                                             in accordance with 40 CFR 51.102. The                   responses here. No changes were made
                                                                                                     to the proposals in this final action after           number of small entities under the RFA.
                                             state held a public comment period                                                                            This action will not impose any
                                             from February 25, 2013, to April 4,                     consideration of the comments received.
                                                                                                     All comments on the proposed action                   requirements on small entities.
                                             2013. The EPA provided comments to
                                             the state on April 3, 2013, and was the                 are available in the docket noted in this             E. Unfunded Mandates Reform Act
                                             only commenter. A public hearing was                    action.                                               (UMRA)
                                             held on March 28, 2013. The state                       IV. What action is the EPA taking?                      This action does not contain any
                                             revised its proposed SIP in response to
                                                                                                       As described above, the EPA is taking               unfunded mandate as described in
                                             the EPA’s comments, and the state
                                                                                                     the following final actions: (1)                      UMRA, 2 U.S.C. 1531–1538, and does
                                             submitted the SIP to the EPA on April
                                                                                                     Approving the portion of the state’s                  not significantly or uniquely affect small
                                             30, 2013. The submission satisfied the
                                                                                                     September 5, 2014 Five-year Progress                  governments. This action does not
                                             completeness criteria of 40 CFR part 51,
                                             appendix V.                                             Report for the State of Missouri Regional             impose additional requirements beyond
                                                                                                     Haze Plan which, as clarified by the July             those imposed by state law.
                                             c. 2010 SO2 NAAQS                                                                                             Accordingly, no additional costs to
                                                                                                     31, 2017 letter, identified the state’s
                                                The state’s submission met the public                change from reliance on CAIR to a                     state, local, or tribal governments, or to
                                             notice requirements for SIP submissions                 reliance on the CSAPR FIP for certain                 the private sector, will result from this
                                             in accordance with 40 CFR 51.102. The                   regional haze requirements; (2)                       action.
                                             state held a public comment period                      converting the EPA’s limited approval/                F. Executive Order 13132: Federalism
                                             from April 30, 2013, to June 6, 2013.                   limited disapproval of the state’s
                                             The EPA provided comments on May                        Regional Haze Plan to a full approval;                  This action does not have federalism
                                             23, 2013, and was the only commenter.                   and (3) approving the state’s                         implications. It will not have substantial
                                             A public hearing was held on May 30,                    infrastructure SIP submissions                        direct effects on the states, on the
                                             2013. The submission satisfied the                      addressing the CAA prong 4                            relationship between the national
                                             completeness criteria of 40 CFR part 51,                requirements for the 2008 Ozone, 2012                 government and the states, or on the
                                             appendix V, for all elements except                     PM2.5, 2010 NO2, and 2010 SO2 NAAQS.                  distribution of power and
                                             prongs 1 and 2.                                         Based on EPA’s approval of the portion                responsibilities among the various
                                                                                                     of the state’s September 5, 2014 Five-                levels of government.
                                             d. 2012 PM2.5 NAAQS
                                                                                                     year Progress Report that clarified that              G. Executive Order 13175: Consultation
                                                The state’s submission met the public
                                                                                                     the state was changing from reliance on               and Coordination With Indian Tribal
                                             notice requirements for SIP submissions
                                                                                                     CAIR to reliance on CSAPR for certain                 Governments
                                             in accordance with 40 CFR 51.102. The
                                                                                                     regional haze requirements and
                                             state held a public comment period                                                                              This action does not have tribal
                                                                                                     conversion of its limited approval/
                                             from July 27, 2015, to September 3,                                                                           implications, as specified in Executive
                                             2015. The state received no comments                    limited disapproval of the state’s
                                                                                                     Regional Haze Plan to a full approval,                Order 13175. It will not have substantial
                                             during the public comment period. A                                                                           direct effects on tribal governments.
                                             public hearing was held on August 27,                   the EPA is withdrawing the FIP from 40
                                                                                                     CFR 52.1339(c) and (d) as noticed in the              There are no Indian reservation lands in
                                             2015. The submission satisfied the                                                                            Missouri. Thus, Executive Order 13175
                                             completeness criteria of 40 CFR part 51,                proposed regulatory text revisions.
                                                                                                                                                           does not apply to this rule.
                                             appendix V.                                             V. Statutory and Executive Order
                                                                                                     Reviews                                               H. Executive Order 13045: Protection of
                                             e. Regional Haze Five-Year Progress                                                                           Children From Environmental Health
                                             Report                                                  A. Executive Orders 12866 and 13563:                  Risks and Safety Risks
                                                The state’s submission met the public                Regulatory Planning and Review
                                             notice requirements for a SIP                                                                                   EPA interprets Executive Order 13045
                                                                                                       This action is not a ‘‘significant                  as applying only to those regulatory
                                             submission in accordance with 40 CFR
                                                                                                     regulatory action’’ under the terms of                actions that concern environmental
                                             51.102. The state held a public comment
                                                                                                     Executive Order 12866 (58 FR 51735,                   health or safety risks that EPA has
                                             period from April 28, 2014, to June 5,
                                                                                                     October 4, 1993) and is therefore not                 reason to believe may
                                             2014. The EPA provided comments on
                                                                                                     subject to review under Executive                     disproportionately affect children, per
                                             May 30, 2014. A public hearing was
                                                                                                     Orders 12866 and 13563 (76 FR 3821,                   the definition of ‘‘covered regulatory
                                             held on May 29, 2014. Revisions were
                                                                                                     January 21, 2011).                                    action’’ in section 2–202 of the
                                             made to the draft report in response to
                                             comments received. The submission                       B. Executive Order 13771: Reducing                    Executive Order. This action is not
                                             satisfied the completeness criteria of 40               Regulations and Controlling Regulatory                subject to Executive Order 13045
                                             CFR part 51, appendix V. On July 31,                    Costs                                                 because it does not concern an
                                             2017, the state submitted a letter to EPA                                                                     environmental health risk or safety risk.
                                             clarifying certain aspects of its Five-year               This action is not an Executive Order
                                                                                                     13771 regulatory action because this                  I. Executive Order 13211: Actions
                                             Progress Report for regional haze. See 83                                                                     Concerning Regulations That
                                             FR 19479.                                               action is not significant under Executive
                                                                                                     Order 12866.                                          Significantly Affect Energy Supply,
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                                             III. The EPA’s Response to Comments                                                                           Distribution, or Use
                                                                                                     C. Paperwork Reduction Act
                                                As previously noted, the EPA                                                                                 This action is not subject to Executive
                                             received six sets of comments prior to                    This action does not impose an                      Order 13211 (66 FR 28355 (May 22,
                                             the close of the comment period; all six                information collection burden under the               2001)), because it is not a significant
                                             sets of comments were not directly                      provisions of the Paperwork Reduction                 regulatory action under Executive Order
                                             related to the action and therefore not                 Act, 44 U.S.C. 3501 et seq.                           12866.


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                                             48244            Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations

                                             J. National Technology Transfer and                        of the United States. EPA will submit a                    Nitrogen dioxide, Ozone, Particulate
                                             Advancement Act                                            report containing this action and other                    matter, Reporting and recordkeeping
                                                This rulemaking does not involve                        required information to the U.S. Senate,                   requirements, Sulfur oxides, Regional
                                             technical standards. Therefore, EPA is                     the U.S. House of Representatives, and                     haze, Visibility.
                                             not considering the use of any voluntary                   the Comptroller General of the United                          Authority: 42 U.S.C. 7401 et seq.
                                             consensus standards.                                       States prior to publication of the rule in
                                                                                                        the Federal Register. A major rule                          Dated: September 13, 2018.
                                             K. Executive Order 12898: Federal                          cannot take effect until 60 days after it                  Andrew R. Wheeler,
                                             Actions To Address Environmental                           is published in the Federal Register.                      Acting Administrator.
                                             Justice in Minority Populations and                        This action is not a ‘‘major rule’’ as
                                             Low-Income Populations                                                                                                  For the reasons set forth in the
                                                                                                        defined by 5 U.S.C. 804(2).                                preamble, EPA is amending 40 CFR part
                                                EPA believes that this action does not                  N. Judicial Review                                         52 as follows:
                                             have disproportionately high and
                                             adverse human health or environmental                         Under section 307(b)(1) of the CAA,                     PART 52—APPROVAL AND
                                             effects on minority populations, low-                      petitions for judicial review of this                      PROMULGATION OF
                                             income populations, and/or indigenous                      action must be filed in the United States                  IMPLEMENTATION PLANS
                                             peoples, as specified in Executive Order                   Court of Appeals for the appropriate
                                             12898 (59 FR 7629, February 16, 1994).                     circuit by November 23, 2018. Filing a                     ■ 1. The authority citation for part 52
                                                                                                        petition for reconsideration by the                        continues to read as follows:
                                             L. Determination Under Section 307(d)                      Administrator of this final rule does not
                                                Pursuant to CAA section 307(d)(1)(B),                   affect the finality of this action for the                     Authority: 42 U.S.C. 7401 et seq.
                                             this action is subject to the requirements                 purposes of judicial review nor does it
                                                                                                                                                                   Subpart AA—Missouri
                                             of CAA section 307(d), as it revises a FIP                 extend the time within which a petition
                                             under CAA section 110(c).                                  for judicial review may be filed, and                      ■ 2. In § 52.1320, the table in paragraph
                                                                                                        shall not postpone the effectiveness of                    (e) is amended by:
                                             M. Congressional Review Act (CRA)
                                                                                                        such rule or action. This action may not
                                               The Congressional Review Act, 5                                                                                     ■ a. Revising entry (70); and
                                                                                                        be challenged later in proceedings to
                                             U.S.C. 801 et seq., as added by the Small                  enforce its requirements. See CAA                          ■ b. Adding entry (74) in numerical
                                             Business Regulatory Enforcement                            section 307(b)(2).                                         order.
                                             Fairness Act of 1996, generally provides                                                                                 The revision and addition read as
                                             that before a rule may take effect, the                    List of Subjects in 40 CFR Part 52                         follows:
                                             agency promulgating the rule must                            Environmental protection,
                                             submit a rule report, which includes a                     Administrative practice and procedure,                     § 52.1320    Identification of plan.
                                             copy of the rule, to each House of the                     Air pollution control, Incorporation by                    *       *    *      *       *
                                             Congress and to the Comptroller General                    reference, Intergovernmental relations,                        (e) * * *
                                                                                      EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
                                                                                                   Applicable
                                                                Name of                                                       State                       EPA
                                                                                                 geographic or
                                                              nonregulatory                                                 submittal                   approval                           Explanation
                                                                                                 nonattainment
                                                               SIP revision                                                   date                        date
                                                                                                     area


                                                      *                    *                             *                        *                            *                    *                    *
                                             (70) State Implementation Plan (SIP)                Statewide .......   9/5/2014 .................    8/1/2016, 81 FR         Missouri submitted a clarification letter
                                               Revision for Regional Haze (2014                                                                      50353; 9/24/            to its Five-year Progress Report on
                                               Five-year Progress Report).                                                                           2018, [Insert           July 31, 2017 that is part of this ac-
                                                                                                                                                     Federal Register        tion.    [EPA–R07–OAR–2015–0581;
                                                                                                                                                     citation].              FRL–9949–68—Region 7]; [EPA–
                                                                                                                                                                             R07–OAR–2018–0211; FRL–9984–
                                                                                                                                                                             22—Region 7.]

                                                       *                 *                               *                       *                             *                    *                     *
                                             (74) Sections 110(a)(2) Infrastructure              Statewide .......   7/8/2013; 8/30/               9/24/2018, [Insert      This action approves the following CAA
                                               Prong 4 Requirements for the 2008                                       2013; 7/8/2013;               Federal Register        elements: 110(a)(2)(D)(i)(II)—prong 4.
                                               Ozone, 2010 Nitrogen Dioxide, 2010                                      10/14/2015.                   citation].              [EPA–R07–OAR–2018–0211; FRL–
                                               Sulfur Dioxide, and the 2012 Fine                                                                                             9984–22—Region 7.]
                                               Particulate Matter NAAQS.



                                             ■ 3. Amend § 52.1339 by:                                   protection visibility in mandatory Class                   measures for meeting the requirements
                                             ■ a. Revising paragraph (a); and                           I Federal areas. The Regional Haze Plan                    of the Regional Haze Rule.
                                             ■ b. Removing paragraphs (c) through                       submitted by Missouri on August 5,                         *     *    *     *    *
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                                             (e).                                                       2009, and supplemented on January 30,                      [FR Doc. 2018–20615 Filed 9–21–18; 8:45 am]
                                                The revision reads as follows:                          2012, in addition to the 5-year progress                   BILLING CODE 6560–50–P
                                                                                                        report submitted on September 5, 2014,
                                             § 52.1339   Visibility protection.
                                                                                                        and supplemented by state letter on July
                                               (a) The requirements of section 169A                     31, 2017, contain fully approvable
                                             of the Clean Air Act are met because the
                                             plan includes measures for the


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Document Created: 2018-09-22 00:33:31
Document Modified: 2018-09-22 00:33:31
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 October 24, 2018.
ContactTracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at [email protected]
FR Citation83 FR 48242 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Regional Haze and Visibility

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