83 FR 49298 - Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 190 (October 1, 2018)
Federal Register Volume 83, Issue 190 (October 1, 2018)
| Page Range | 49298-49300 | |
| FR Document | 2018-21286 |
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)] [Rules and Regulations] [Pages 49298-49300] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21286] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2018-0261; FRL-9983-77--Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard Interstate Transport AGENCY: Environmental Protection Agency (EPA). [[Page 49299]] ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing its approval of section 110(a)(2)(D)(i)(I) in a State Implementation Plan (SIP) submission from the State of Missouri for the 2012 Annual Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS). Section 110(a)(2)(D)(i)(I) requires the State to prohibit any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will contribute significantly to nonattainment (prong 1), or interfere with maintenance (prong 2) in any other State with respect to the NAAQs. DATES: This final rule is effective on October 31, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No EPA-R07-OAR-2018-0261. 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 a SIP submittal been met? III. The EPA's response to comments IV. What Action is EPA taking? V. Statutory and Executive Order Reviews I. Background Information States are required to have a SIP that provides for the implementation, maintenance, and enforcement of the NAAQS. Whenever EPA promulgates a new or revised NAAQS, States are required to make a SIP submission to establish that they have, or are adding, the provisions necessary to address various requirements to address the new or revised NAAQS. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each State's air quality management program are adequate to meet the State's responsibilities under the CAA. In this action EPA is approving the prong 1 and prong 2 interstate transportation obligations of the State's 2012 PM2.5 NAAQS infrastructure SIP submittal. On June 5, 2018, the EPA published a notice of proposed rulemaking (NPRM) in the Federal Register proposing to approve the prong 1 and prong 2 elements of the State of Missouri's 2012 PM2.5 NAAQS infrastructure SIP submittal. See 83 FR 25979. The NPRM, and technical support document (TSD) for the action, included: a summary of existing modeling data; a summary of monitoring data from areas downwind of Missouri; and a summary of annual emissions of oxides of nitrogen (NOX ) and sulfur dioxide (SO2 ), both of which are precursors of PM2.5. This information showed that local control in Missouri is not necessary to address contribution, with respect to the 2012 PM2.5 NAAQS, to nonattainment in, or interfere with maintenance of the NAAQS any other State. As the EPA's rationale for approving the SIP submission was provided in detail in the NPRM and the TSD for the action, and both documents are included in the docket identified in the ADDRESSES section of this document, the rationale will not be restated in detail in this document. II. Have the requirements for approval of the SIP submittal been met? 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. III. The EPA's Response to Comments The public comment period for the NPRM closed on July 5, 2018. The EPA received three sets of comments prior to the close of the comment period; all three sets of comments were not directly related to the action and therefore not considered by the EPA to be adverse to the action being taken. As the EPA only responds to adverse comments, there are no responses required for this final action. The comments can be found in the docket to this action at EPA-R07-OAR-2018-0261. No changes were made to the proposal in this final action after consideration of the comments received. All comments on the proposed action are available in the docket identified in the ADDRESSES section of this document. IV. What action is EPA taking? As described above, the EPA is approving the prong 1 and prong 2 interstate transportation obligations of the State's 2012 PM2.5 NAAQS infrastructure SIP submittal. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 [[Page 49300]] 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). 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxides. Dated: September 25, 2018. Edward H. Chu, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 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. In Sec. 52.1320, the table in paragraph (e) is amended by adding the entry ``(75)'' in numerical order to read as follows: Sec. 52.1320 Identification of plan. * * * * * (e)* * * EPA-Approved Missouri Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State EPA approval date Explanation provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (75) Section 110(a)(2)(D)(i)(I)-- Statewide............ 10/14/2015 10/1/2018, [Insert This action significant contribution to Federal Register approves the nonattainment (prong 1), and citation]. following CAA interfering with maintenance of elements: the NAAQs (prong 2) (Interstate 110(a)(1) and Transport) Infrastructure 110(a)(2)(D)(i)(I Requirements for the 2012 Annual )--prongs 1 and 2 Fine Particulate Matter (PM2.5) [EPA-R07-OAR-2018 NAAQS. -0261; FRL-9983- 77--Region 7.] ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-21286 Filed 9-28-18; 8:45 am] BILLING CODE 6560-50-P
![49298 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
Management and Budget under required information to the U.S. Senate, and the reasonably available control
Executive Orders 12866 (58 FR 51735, the U.S. House of Representatives, and measure requirement of section
October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United 172(c)(1) for the Connecticut portion of
January 21, 2011); States prior to publication of the rule in the New York-Northern New Jersey-
• This action is not an Executive the Federal Register. A major rule Long Island, NY-NJ-CT area, and the
Order 13771 regulatory action because cannot take effect until 60 days after it Greater Connecticut moderate ozone
this action is not significant under is published in the Federal Register. nonattainment areas. The January 17,
Executive Order 12866; This action is not a ‘‘major rule’’ as 2017 revision establishes motor vehicle
• Does not impose an information defined by 5 U.S.C. 804(2). emissions budgets for 2017 of 15.9 tons
collection burden under the provisions Under section 307(b)(1) of the Clean per day of VOC and 22.2 tons per day
of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of of NOX to be used in transportation
U.S.C. 3501 et seq.); this action must be filed in the United conformity in the Greater Connecticut
• Is certified as not having a States Court of Appeals for the moderate ozone nonattainment area.
significant economic impact on a appropriate circuit by November 30, The August 8, 2017 revision establishes
substantial number of small entities 2018. Filing a petition for motor vehicle emissions budgets for
under the Regulatory Flexibility Act (5 reconsideration by the Administrator of 2017 of 17.6 tons per day of VOC and
U.S.C. 601 et seq.); this final rule does not affect the finality 24.6 tons per day of NOX to be used in
• Does not contain any unfunded of this action for the purposes of judicial transportation conformity in the
mandate or significantly or uniquely review nor does it extend the time Connecticut portion of the New York-
affect small governments, as described within which a petition for judicial Northern New Jersey-Long Island, NY-
in the Unfunded Mandates Reform Act review may be filed, and shall not NJ-CT moderate ozone nonattainment
of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule area.
• Does not have Federalism or action. This action may not be ■ 3. Section 52.384 is amended by
implications as specified in Executive challenged later in proceedings to adding paragraph (e) to read as follows:
Order 13132 (64 FR 43255, August 10, enforce its requirements. (See section
1999); 307(b)(2).) § 52.384 Emission inventories.
• Is not an economically significant * * * * *
regulatory action based on health or List of Subjects in 40 CFR Part 52
(e) The State of Connecticut submitted
safety risks subject to Executive Order Environmental protection, Air base year emission inventories
13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by representing emissions for calendar year
• Is not a significant regulatory action reference, Nitrogen dioxide, Ozone, 2011 from the Connecticut portion of
subject to Executive Order 13211 (66 FR Reporting and recordkeeping the NY-NJ-CT moderate 8-hour ozone
28355, May 22, 2001); requirements, Volatile organic nonattainment area and the Greater
• Is not subject to requirements of compounds. Connecticut moderate 8-hour ozone
Section 12(d) of the National nonattainment area on March 9, 2016, as
Dated: September 24, 2018.
Technology Transfer and Advancement revisions to the State’s SIP. The 2011
Alexandra Dunn,
Act of 1995 (15 U.S.C. 272 note) because base year emission inventory
application of those requirements would Regional Administrator, EPA Region 1.
requirement of section 182(a)(1) of the
be inconsistent with the Clean Air Act; Part 52 of chapter I, title 40 of the
Clean Air Act, as amended in 1990, has
and Code of Federal Regulations is amended
been satisfied for these areas. The
• Does not provide EPA with the as follows:
inventories consist of emission
discretionary authority to address, as estimates of volatile organic compounds
appropriate, disproportionate human PART 52—APPROVAL AND
PROMULGATION OF and nitrogen oxides, and cover point,
health or environmental effects, using area, non-road mobile, on-road mobile
practicable and legally permissible IMPLEMENTATION PLANS
and biogenic sources. The inventories
methods, under Executive Order 12898 ■ 1. The authority citation for part 52 were submitted as revisions to the SIP
(59 FR 7629, February 16, 1994). continues to read as follows: in partial fulfillment of obligations for
In addition, the SIP is not approved nonattainment areas under EPA’s 2008
to apply on any Indian reservation land Authority: 42 U.S.C. 7401 et seq.
8-hour ozone standard.
or in any other area where EPA or an
Subpart H—Connecticut [FR Doc. 2018–21150 Filed 9–28–18; 8:45 am]
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of BILLING CODE 6560–50–P
■ 2. Section 52.377 is amended by
Indian country, the rule does not have adding paragraph (t) to read as follows:
tribal implications and will not impose
§ 52.377 Control strategy: Ozone. ENVIRONMENTAL PROTECTION
substantial direct costs on tribal
AGENCY
governments or preempt tribal law as * * * * *
specified by Executive Order 13175 (65 (t) Approval. Revisions to the State 40 CFR Part 52
FR 67249, November 9, 2000). Implementation Plan submitted by the
The Congressional Review Act, 5 Connecticut Department of Energy and [EPA–R07–OAR–2018–0261; FRL–9983–
U.S.C. 801 et seq., as added by the Small Environmental Protection on January 77—Region 7]
Business Regulatory Enforcement 17, 2017, September 5, 2017, and
Approval of Missouri Air Quality
Fairness Act of 1996, generally provides August 8, 2017, to meet, in part,
Implementation Plans; Infrastructure
that before a rule may take effect, the requirements of the 2008 ozone
amozie on DSK3GDR082PROD with RULES
SIP Requirements for the 2012 Annual
agency promulgating the rule must NAAQS. These revisions satisfy the rate
Fine Particulate Matter (PM2.5) National
submit a rule report, which includes a of progress requirement of section
Ambient Air Quality Standard
copy of the rule, to each House of the 182(b) through 2017, the contingency
Interstate Transport
Congress and to the Comptroller General measure requirements of section
of the United States. EPA will submit a 182(c)(9), the emission statement AGENCY: Environmental Protection
report containing this action and other requirements of section 182(a)(3)(B), Agency (EPA).
VerDate Sep<11>2014 16:43 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1](https://thefederalregister.org/doc/83_FR_49488/page/1.svg)
![49300 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
rulemaking does not involve technical specified by Executive Order 13175 (65 PART 52—APPROVAL AND
standards; and FR 67249, November 9, 2000). PROMULGATION OF
• Does not provide EPA with the IMPLEMENTATION PLANS
discretionary authority to address, as List of Subjects in 40 CFR Part 52
appropriate, disproportionate human Environmental protection, Air ■ 1. The authority citation for part 52
health or environmental effects, using pollution control, Incorporation by continues to read as follows:
practicable and legally permissible Authority: 42 U.S.C. 7401 et seq.
reference, Intergovernmental relations,
methods, under Executive Order 12898
Nitrogen dioxide, Particulate matter,
(59 FR 7629, February 16, 1994). Subpart AA-Missouri
The SIP is not approved to apply on Reporting and recordkeeping
any Indian reservation land or in any requirements, Sulfur dioxides.
■ 2. In § 52.1320, the table in paragraph
other area where EPA or an Indian tribe Dated: September 25, 2018. (e) is amended by adding the entry
has demonstrated that a tribe has Edward H. Chu, ‘‘(75)’’ in numerical order to read as
jurisdiction. In those areas of Indian Acting Regional Administrator, Region 7. follows:
country, the rule does not have tribal
implications and will not impose For the reasons stated in the § 52.1320 Identification of plan.
substantial direct costs on tribal preamble, EPA amends 40 CFR part 52 * * * * *
governments or preempt tribal law as as set forth below: (e)* * *
EPA–APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable State EPA
geographic or
Name of nonregulatory SIP provision submittal approval Explanation
nonattainment date date
area
* * * * * * *
(75) Section 110(a)(2)(D)(i)(I)—significant contribution to nonattainment Statewide .......... 10/14/2015 10/1/2018, This action approves the following
(prong 1), and interfering with maintenance of the NAAQs (prong 2) [Insert CAA elements: 110(a)(1) and
(Interstate Transport) Infrastructure Requirements for the 2012 Annual Federal 110(a)(2)(D)(i)(I)—prongs 1 and 2
Fine Particulate Matter (PM2.5) NAAQS. Register [EPA–R07–OAR–2018–0261;
citation]. FRL–9983–77—Region 7.]
[FR Doc. 2018–21286 Filed 9–28–18; 8:45 am] documents in the docket are listed on I. What is being addressed in this
BILLING CODE 6560–50–P the https://www.regulations.gov document?
website. Although listed in the index, This final action approves a revision
some information is not publicly from the state of Iowa to revise the Iowa
ENVIRONMENTAL PROTECTION available, i.e., CBI or other information SIP and Operating Permits Program.
AGENCY whose disclosure is restricted by statute. EPA published in the Federal Register
Certain other material, such as the proposed approval of the State’s
40 CFR Parts 52 and 70 copyrighted material, is not placed on submission on July 26, 2018, at 83 FR
[EPA–R07–OAR–2018–0536; FRL–9983– the internet and will be publicly 35451. The revisions to the SIP are to
66—Region 7] available only in hard copy form. clarify the types of mailing services that
Publicly available docket materials are may be used for submitting construction
Air Plan Approval; Iowa; Approval of available through https:// permit applications to include the U.S.
the State Implementation Plan and the www.regulations.gov or please contact Postal Service, private parcel delivery
Operating Permits Program the person identified in the FOR FURTHER services, and hand delivery.
INFORMATION CONTACT section for
AGENCY: Environmental Protection Construction permit applications are not
Agency (EPA). additional information. required to be submitted by certified
ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: mail. The revisions also eliminate the
Stephanie Doolan, Environmental requirement for construction permit
SUMMARY: The Environmental Protection Protection Agency, Air Planning and applications for projects that will not
Agency (EPA) is approving revisions to Development Branch, 11201 Renner emit greenhouses gases to submit the
the Iowa State Implementation Plan Boulevard, Lenexa, Kansas 66219 at current three-page form.
(SIP), and the Operating Permits (913) 551–7719, or by email at The revisions to the operating permits
Program to clarify submission doolan.stephanie@epa.gov. program clarifies the types of mailing
requirements for construction and services that may be used for submitting
operating permit applications. This SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’ operating permit applications to include
action also includes minor grammatical the U.S. Postal Service, private parcel
corrections. EPA reviewed these and ‘‘our’’ refer to EPA. This section
provides additional information by delivery services, and hand delivery.
revisions and determined that they will Operating permit applications are not
not impact air quality and will ensure addressing the following:
required to be submitted by certified
consistency between the state and I. What is being addressed in this document? mail. This revision to the operating
amozie on DSK3GDR082PROD with RULES
federally approved rules. II. Have the requirements for approval of a permits program is being made to
DATES: This final rule is effective on SIP submission and operating permits
program been met?
require only one copy of the operating
October 31, 2018. III. EPA’s Response to Comments permit application instead of two.
ADDRESSES: EPA has established a IV. What action is EPA taking? This action also includes minor
docket for this action under Docket ID V. Incorporation by Reference grammatical corrections to the SIP for
No. EPA–R07–OAR–2018–0536. All VI. Statutory and Executive Order Reviews construction permit rules and minor
VerDate Sep<11>2014 16:43 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1](https://thefederalregister.org/doc/83_FR_49488/page/3.svg)
Document Created: 2018-09-29 04:26:36
Document Modified: 2018-09-29 04:26:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 31, 2018. | |
| 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] | |
| FR Citation | 83 FR 49298 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Dioxides |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR