83_FR_59574 83 FR 59348 - Air Plan Approval; Missouri; Emissions Inventory for the Missouri Jackson County and Jefferson County 2010 Sulfur Dioxide National Ambient Air Quality Standard Nonattainment Areas

83 FR 59348 - Air Plan Approval; Missouri; Emissions Inventory for the Missouri Jackson County and Jefferson County 2010 Sulfur Dioxide National Ambient Air Quality Standard Nonattainment Areas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 226 (November 23, 2018)

Page Range59348-59350
FR Document2018-25553

The Environmental Protection Agency (EPA) is proposing to approve two submissions from the Missouri Department of Natural Resources (MoDNR) revising the State Implementation Plan (SIP) for the State of Missouri. The SIP revision submissions address the Clean Air Act (CAA) section 172 requirement to submit a base year emissions inventory for Missouri's partial Jackson County and partial Jefferson County nonattainment areas of the 2010 1-hour Sulfur Dioxide (SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS).

Federal Register, Volume 83 Issue 226 (Friday, November 23, 2018)
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Proposed Rules]
[Pages 59348-59350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0700; FRL-9986-80-Region 7]


Air Plan Approval; Missouri; Emissions Inventory for the Missouri 
Jackson County and Jefferson County 2010 Sulfur Dioxide National 
Ambient Air Quality Standard Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two submissions from the Missouri Department of Natural 
Resources (MoDNR) revising the State Implementation Plan (SIP) for the 
State of Missouri. The SIP revision submissions address the Clean Air 
Act (CAA) section 172 requirement to submit a base year emissions 
inventory for Missouri's partial Jackson County and partial Jefferson 
County nonattainment areas of the 2010 1-hour Sulfur Dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS).

DATES: Comments must be received on or before December 24, 2018.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0700 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219, by telephone at (913) 551-7016, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. Background Information
III. Have the requirements for approval of a SIP revision been met?
IV. What is the EPA's analysis of the SIP revision submissions?
V. What action is the EPA taking?
VI. Statutory and Executive Order reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0700, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background Information

    On June 22, 2010, the EPA promulgated a new 1-hour primary 
SO2 NAAQS of 75 parts per billion (ppb). See 75 FR 35520, 
codified at 40 CFR 50.17(a)-(b). On August 5, 2013, the EPA finalized 
designations for the 2010 SO2 NAAQS, including the partial 
Jackson County and partial Jefferson County nonattainment areas in the 
State of Missouri. See 78 FR 47191, codified at 40 CFR part 81, subpart 
C. These area designations were effective October 4, 2013. Section 191 
of the CAA directs states to submit SIP revisions for areas designated 
as nonattainment for the SO2 NAAQS to the EPA within 18 
months of the effective date of the designation (i.e., no later than 
April 4, 2015). Submittal of the state's nonattainment plan SIP 
revision submissions is discussed in more detail in the ``Have the 
requirements for approval of a SIP revision been met?'' section of this 
document.
    CAA section 172(c)(3) requires states to develop and submit a 
comprehensive, accurate, current emissions inventory for all areas 
designated as nonattainment. An emissions inventory is an estimation of 
actual emissions of air pollutants in an area that provides data for a 
variety of air quality planning tasks including establishing baseline 
emission levels, calculating Federally required emission reduction 
targets, emission inputs into air quality simulation models, and for 
tracking emissions over time. The EPA's April 2014 guidance document 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions'' (April 2014 guidance) recommends that the state develop 
an accurate emissions inventory of current emissions for all sources of 
SO2 (i.e., point, area and mobile sources) within the 
nonattainment area as well as any sources located outside the 
nonattainment area which may affect attainment in the area.\1\
---------------------------------------------------------------------------

    \1\ See page 8 of the April 2014 guidance.

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[[Page 59349]]

    The EPA has reviewed the state's emission inventory SIP revision 
submissions and is proposing to approve the SIP revision submissions 
pursuant to sections 110, 191(a), and 172(c)(3) of the CAA.

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

    The baseline emissions inventory for the Jackson County 
SO2 nonattainment area was included in MoDNR's October 2015 
SIP revision submission ``Nonattainment Area Plan for the 2010 1-Hour 
Sulfur Dioxide National Ambient Air Quality Standard--Jackson County 
Sulfur Dioxide Nonattainment Area'' which met the public notice 
requirements for a SIP revision submission in accordance with 40 CFR 
51.102.\2\ The MoDNR provided public notice of the SIP revision 
submission from March 22, 2015 to July 2, 2015, and held a public 
hearing on June 25, 2015. The MoDNR received oral comments from three 
sources during the hearing and written comments from three sources 
prior to the close of the public comment period.\3\
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    \2\ The MoDNR withdrew the ``Nonattainment Area Plan for the 
2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard--
Jackson County Sulfur Dioxide Nonattainment Area'' SIP submission, 
except the EI, from the EPA's consideration on June 11, 2018.
    \3\ The Sierra Club submitted letters from 78 citizens.
---------------------------------------------------------------------------

    The baseline emissions inventory for the Jefferson County 
SO2 nonattainment area was included in MoDNR's June 2015 SIP 
revision submission ``Nonattainment Area Plan for the 2010 1-Hour 
Sulfur Dioxide National Ambient Air Quality Standard--Jefferson County 
Sulfur Dioxide Nonattainment Area'' which met the public notice 
requirements for a SIP revision submission in accordance with 40 CFR 
51.102.\4\ The MoDNR provided public notice of the SIP revision 
submission from March 26, 2015 to May 7, 2015, and held a public 
hearing on April 30, 2015. The MoDNR received oral comments from seven 
sources during the hearing and written comments from three sources 
prior to the close of the public comment period.\5\
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    \4\ The MoDNR withdrew the National Ambient Air Quality 
Standard--Jefferson County Sulfur Dioxide Nonattainment Area'' SIP 
submission, except the EI, from the EPA's consideration on March 30, 
2018.
    \5\ The Sierra Club submitted postcards and signatures from 240 
citizens.
---------------------------------------------------------------------------

    None of the comments the state received were directly related to 
the baseline year emissions inventories, therefore no changes were made 
to the baseline emmisions inventories prior to submitting the SIP 
revision submissions to the EPA. The emissions inventory SIP revision 
submissions meet the procedural requirements for SIP submittals in the 
CAA, including section 110 and implementing regulations.

IV. What is the EPA's analysis of the SIP revision submissions?

    The baseline emissions inventory in both SIP revision submissions 
was taken from the 2011 National Emissions Inventory (NEI) database. 
The MoDNR developed a comprehensive statewide emissions inventory for 
2011 as required by the EPA's Air Emissions Reporting Requirements 
(AERR) rule. See 73 FR 76539 codified at 40 CFR 51.1-51.50. The 
inventory was submitted to the NEI through the EPA's Emission Inventory 
System (EIS). The 2011 baseline emissions inventory in both SIP 
revision submissions included point, area (or nonpoint), and mobile 
emissions sources of SO2 in accordance with the EPA's April 
2014 Guidance. Both 2011 baseline emissions SIP revision submissions 
were county wide (i.e., not limited to the partial county nonattainment 
boundary) and SO2 emissions data was reported in tons per 
year (tpy).\6\
---------------------------------------------------------------------------

    \6\ The MoDNR developed separate model input inventories based 
on 2012 emissions that included sources inside of and outside of the 
nonattainment areas. Nonpoint and mobile sources emissions were 
considered part of the background in the modeling scenarios.

             Table 1--County Wide 2011 Baseline SO2 Emissions
                                  [Tpy]
------------------------------------------------------------------------
                                                    Jackson    Jefferson
                Emission category                   County      County
------------------------------------------------------------------------
Point Source....................................      27,513      43,713
Area (Nonpoint) Source..........................          92          51
Mobile Source...................................          92          27
------------------------------------------------------------------------

V. What action is the EPA taking?

    The EPA is proposing to approve the two SIP revision submissions 
from the MoDNR addressing the CAA section 172(c)(3) requirement to 
submit a base year emissions inventory for Missouri's partial Jackson 
County and partial Jefferson County nonattainment areas of the 2010 1-
hour SO2 NAAQS. The EPA proposes that these emission 
inventory SIP revision submissions were submitted in accordance with 
sections 110, 191(a), and 172(c)(3) of the CAA. Final rulemaking will 
occur after consideration of any comments.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (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 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

[[Page 59350]]

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, Emissions 
Inventory, Incorporation by reference, Sulfur oxides.

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

    For the reasons stated in the preamble, the EPA proposes to amend 
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. Amend the table in Sec.  52.1320, paragraph (e) by adding new 
entries ``(76)'' and ``(77)'' in numerical order to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (e) * * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Applicable  geographic or       State
  Name of nonregulatory SIP provision       nonattainment area     submittal date      EPA approval date                      Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
(76) Jackson County 1-Hour SO2 NAA      Jackson County...........      10/15/2015  [Date of publication of    [EPA-R07-OAR-2018-0700; FRL-9986-80-Region
 Baseline Emissions Inventory.                                                      the final rule in the      7].
                                                                                    Federal Register],
                                                                                    [Federal Register
                                                                                    citation of the final
                                                                                    rule].
(77) Jefferson County 1-Hour SO2 NAA    Jefferson County.........        6/1/2015  [Date of publication of    [EPA-R07-OAR-2018-0700; FRL-9986-80-Region
 Baseline Emissions Inventory.                                                      the final rule in the      7].
                                                                                    Federal Register],
                                                                                    [Federal Register
                                                                                    citation of the final
                                                                                    rule].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-25553 Filed 11-21-18; 8:45 am]
BILLING CODE 6560-50-P



                                                59348                 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules

                                                amounts described in paragraphs                         SUMMARY:    The Environmental Protection              accompanied by a written comment.
                                                (e)(3)(i) and (ii) of this section.                     Agency (EPA) is proposing to approve                  The written comment is considered the
                                                   (i) For any decedent dying in calendar               two submissions from the Missouri                     official comment and should include
                                                year 2011 or thereafter, $5,000,000; and                Department of Natural Resources                       discussion of all points you wish to
                                                   (ii) For any decedent dying after                    (MoDNR) revising the State                            make. The EPA will generally not
                                                calendar year 2011, $5,000,000                          Implementation Plan (SIP) for the State               consider comments or comment
                                                multiplied by the cost-of-living                        of Missouri. The SIP revision                         contents located outside of the primary
                                                adjustment determined under section                     submissions address the Clean Air Act                 submission (i.e. on the web, cloud, or
                                                1(f)(3) for the calendar year of                        (CAA) section 172 requirement to                      other file sharing system). For
                                                decedent’s death by substituting                        submit a base year emissions inventory                additional submission methods, the full
                                                ‘‘calendar year 2010’’ for ‘‘calendar year              for Missouri’s partial Jackson County                 EPA public comment policy,
                                                2016’’ in section 1(f)(3)(A)(ii) and                    and partial Jefferson County                          information about CBI or multimedia
                                                rounded to the nearest multiple of                      nonattainment areas of the 2010 1-hour                submissions, and general guidance on
                                                $10,000.                                                Sulfur Dioxide (SO2) National Ambient                 making effective comments, please visit
                                                   (iii) In the case of the estates of                  Air Quality Standard (NAAQS).                         https://www.epa.gov/dockets/
                                                decedents dying after December 31,                      DATES: Comments must be received on                   commenting-epa-dockets.
                                                2017, and before January 1, 2026,                       or before December 24, 2018.                          II. Background Information
                                                paragraphs (e)(3)(i) and (ii) of this                   ADDRESSES: You may send comments,
                                                section will be applied by substituting                                                                          On June 22, 2010, the EPA
                                                                                                        identified by Docket ID No. EPA–R07–                  promulgated a new 1-hour primary SO2
                                                ‘‘$10,000,000’’ for ‘‘$5,000,000.’’                     OAR–2018–0700 to https://
                                                   (f) Applicability dates—(1) In general.                                                                    NAAQS of 75 parts per billion (ppb).
                                                                                                        www.regulations.gov. Follow the online                See 75 FR 35520, codified at 40 CFR
                                                Except as provided in paragraph (f)(2) of               instructions for submitting comments.
                                                this section, this section applies to the                                                                     50.17(a)–(b). On August 5, 2013, the
                                                                                                           Instructions: All submissions received
                                                estates of decedents dying after June 11,                                                                     EPA finalized designations for the 2010
                                                                                                        must include the Docket ID No. for this
                                                2015. For the rules applicable to estates                                                                     SO2 NAAQS, including the partial
                                                                                                        rulemaking. Comments received will be                 Jackson County and partial Jefferson
                                                of decedents dying after December 31,                   posted without change to https://
                                                2010, and before June 12, 2015, see                                                                           County nonattainment areas in the State
                                                                                                        www.regulations.gov/, including any                   of Missouri. See 78 FR 47191, codified
                                                § 20.2010–1T, as contained in 26 CFR                    personal information provided. For
                                                part 20, revised as of April 1, 2015.                                                                         at 40 CFR part 81, subpart C. These area
                                                                                                        detailed instructions on sending                      designations were effective October 4,
                                                   (2) Exceptions. Paragraph (c) of this                comments and additional information                   2013. Section 191 of the CAA directs
                                                section applies to estates of decedents                 on the rulemaking process, see the                    states to submit SIP revisions for areas
                                                dying on and after the date of                          ‘‘Written Comments’’ heading of the                   designated as nonattainment for the SO2
                                                publication of a Treasury decision                      SUPPLEMENTARY INFORMATION section of                  NAAQS to the EPA within 18 months of
                                                adopting these rules as final regulations.              this document.                                        the effective date of the designation (i.e.,
                                                Paragraph (e)(3) of this section applies                FOR FURTHER INFORMATION CONTACT:                      no later than April 4, 2015). Submittal
                                                to the estates of decedents dying after                 Tracey Casburn, Environmental                         of the state’s nonattainment plan SIP
                                                December 31, 2017.                                      Protection Agency, Air Planning and                   revision submissions is discussed in
                                                § 20.2010–3      [Amended]                              Development Branch, 11201 Renner                      more detail in the ‘‘Have the
                                                                                                        Boulevard, Lenexa, Kansas 66219, by                   requirements for approval of a SIP
                                                ■ Par. 3. Section 20.2010–3 is amended
                                                                                                        telephone at (913) 551–7016, or by                    revision been met?’’ section of this
                                                by removing ‘‘§ 20.2010–1(d)(5)’’
                                                                                                        email at casburn.tracey@epa.gov.                      document.
                                                wherever it appears and adding in its
                                                                                                        SUPPLEMENTARY INFORMATION:                               CAA section 172(c)(3) requires states
                                                place ‘‘§ 20.2010–1(e)(5)’’.
                                                                                                        Throughout this document ‘‘we,’’ ‘‘us,’’              to develop and submit a comprehensive,
                                                Kirsten Wielobob,                                       and ‘‘our’’ refer to the EPA.                         accurate, current emissions inventory
                                                Deputy Commissioner for Service and                                                                           for all areas designated as
                                                Enforcement.
                                                                                                        Table of Contents                                     nonattainment. An emissions inventory
                                                [FR Doc. 2018–25538 Filed 11–20–18; 4:15 pm]            I. Written Comments                                   is an estimation of actual emissions of
                                                BILLING CODE 4830–01–P
                                                                                                        II. Background Information                            air pollutants in an area that provides
                                                                                                        III. Have the requirements for approval of a          data for a variety of air quality planning
                                                                                                              SIP revision been met?                          tasks including establishing baseline
                                                                                                        IV. What is the EPA’s analysis of the SIP
                                                                                                              revision submissions?                           emission levels, calculating Federally
                                                ENVIRONMENTAL PROTECTION
                                                                                                        V. What action is the EPA taking?                     required emission reduction targets,
                                                AGENCY
                                                                                                        VI. Statutory and Executive Order reviews             emission inputs into air quality
                                                40 CFR Part 52                                                                                                simulation models, and for tracking
                                                                                                        I. Written Comments                                   emissions over time. The EPA’s April
                                                [EPA–R07–OAR–2018–0700; FRL–9986–80–                       Submit your comments, identified by                2014 guidance document ‘‘Guidance for
                                                Region 7]                                               Docket ID No. EPA–R07–OAR–2018–                       1-Hour SO2 Nonattainment Area SIP
                                                                                                        0700, at https://www.regulations.gov.                 Submissions’’ (April 2014 guidance)
                                                Air Plan Approval; Missouri;                            Once submitted, comments cannot be                    recommends that the state develop an
                                                Emissions Inventory for the Missouri                    edited or removed from Regulations.gov.               accurate emissions inventory of current
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Jackson County and Jefferson County                     The EPA may publish any comment                       emissions for all sources of SO2 (i.e.,
                                                2010 Sulfur Dioxide National Ambient                    received to its public docket. Do not                 point, area and mobile sources) within
                                                Air Quality Standard Nonattainment                      submit electronically any information                 the nonattainment area as well as any
                                                Areas                                                   you consider to be Confidential                       sources located outside the
                                                AGENCY:  Environmental Protection                       Business Information (CBI) or other                   nonattainment area which may affect
                                                Agency (EPA).                                           information whose disclosure is                       attainment in the area.1
                                                                                                        restricted by statute. Multimedia
                                                ACTION: Proposed rule.
                                                                                                        submissions (audio, video, etc.) must be                1 See   page 8 of the April 2014 guidance.



                                           VerDate Sep<11>2014   16:25 Nov 21, 2018   Jkt 247001   PO 00000   Frm 00031   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM     23NOP1


                                                                      Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules                                        59349

                                                  The EPA has reviewed the state’s                      submitting the SIP revision submissions               VI. Statutory and Executive Order
                                                emission inventory SIP revision                         to the EPA. The emissions inventory SIP               Reviews
                                                submissions and is proposing to                         revision submissions meet the                          Under the Clean Air Act (CAA), the
                                                approve the SIP revision submissions                    procedural requirements for SIP                     Administrator is required to approve a
                                                pursuant to sections 110, 191(a), and                   submittals in the CAA, including                    SIP submission that complies with the
                                                172(c)(3) of the CAA.                                   section 110 and implementing                        provisions of the Act and applicable
                                                III. Have the requirements for approval                 regulations.                                        Federal regulations. 42 U.S.C. 7410(k);
                                                of a SIP revision been met?                             IV. What is the EPA’s analysis of the               40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                        SIP revision submissions?                           submissions, EPA’s role is to approve
                                                   The baseline emissions inventory for
                                                                                                                                                            state choices, provided that they meet
                                                the Jackson County SO2 nonattainment
                                                                                                           The baseline emissions inventory in              the criteria of the CAA. Accordingly,
                                                area was included in MoDNR’s October
                                                                                                        both SIP revision submissions was taken this action merely approves state law as
                                                2015 SIP revision submission
                                                                                                        from the 2011 National Emissions                    meeting Federal requirements and does
                                                ‘‘Nonattainment Area Plan for the 2010
                                                                                                        Inventory (NEI) database. The MoDNR                 not impose additional requirements
                                                1-Hour Sulfur Dioxide National
                                                                                                        developed a comprehensive statewide                 beyond those imposed by state law. For
                                                Ambient Air Quality Standard—Jackson
                                                                                                        emissions inventory for 2011 as                     that reason, this action:
                                                County Sulfur Dioxide Nonattainment
                                                                                                        required by the EPA’s Air Emissions                    • Is not a significant regulatory action
                                                Area’’ which met the public notice
                                                                                                        Reporting Requirements (AERR) rule.                 subject to review by the Office of
                                                requirements for a SIP revision
                                                                                                        See 73 FR 76539 codified at 40 CFR                  Management and Budget under
                                                submission in accordance with 40 CFR
                                                                                                        51.1–51.50. The inventory was                       Executive Orders 12866 (58 FR 51735,
                                                51.102.2 The MoDNR provided public
                                                                                                        submitted to the NEI through the EPA’s              October 4, 1993) and 13563 (76 FR 3821,
                                                notice of the SIP revision submission
                                                                                                        Emission Inventory System (EIS). The                January 21, 2011);
                                                from March 22, 2015 to July 2, 2015,
                                                                                                        2011 baseline emissions inventory in                   • Is not an Executive Order 13771 (82
                                                and held a public hearing on June 25,
                                                                                                        both SIP revision submissions included FR 9339, February 2, 2017) regulatory
                                                2015. The MoDNR received oral
                                                                                                        point, area (or nonpoint), and mobile               action because SIP approvals are
                                                comments from three sources during the
                                                                                                        emissions sources of SO2 in accordance              exempted under Executive Order 12866.
                                                hearing and written comments from
                                                                                                        with the EPA’s April 2014 Guidance.                    • Does not impose an information
                                                three sources prior to the close of the
                                                                                                        Both 2011 baseline emissions SIP                    collection burden under the provisions
                                                public comment period.3
                                                                                                        revision submissions were county wide               of the Paperwork Reduction Act (44
                                                   The baseline emissions inventory for
                                                                                                        (i.e., not limited to the partial county            U.S.C. 3501 et seq.);
                                                the Jefferson County SO2 nonattainment
                                                                                                        nonattainment boundary) and SO2                        • Is certified as not having a
                                                area was included in MoDNR’s June
                                                2015 SIP revision submission                            emissions data was reported in tons per significant economic impact on a
                                                                                                        year (tpy).6                                        substantial number of small entities
                                                ‘‘Nonattainment Area Plan for the 2010
                                                                                                                                                            under the Regulatory Flexibility Act (5
                                                1-Hour Sulfur Dioxide National
                                                                                                               TABLE 1—COUNTY WIDE 2011                     U.S.C. 601 et seq.);
                                                Ambient Air Quality Standard—
                                                                                                                 BASELINE SO2 EMISSIONS                        • Does not contain any unfunded
                                                Jefferson County Sulfur Dioxide
                                                                                                                                                            mandate or significantly or uniquely
                                                Nonattainment Area’’ which met the                                                [Tpy]
                                                                                                                                                            affect small governments, as described
                                                public notice requirements for a SIP
                                                                                                                                                            in the Unfunded Mandates Reform Act
                                                revision submission in accordance with                   Emission category          Jackson      Jefferson
                                                                                                                                     County       County    of 1995 (Pub. L. 104–4);
                                                40 CFR 51.102.4 The MoDNR provided
                                                                                                                                                               • Does not have Federalism
                                                public notice of the SIP revision
                                                                                                        Point Source .........          27,513       43,713 implications as specified in Executive
                                                submission from March 26, 2015 to May
                                                                                                        Area (Nonpoint)                                     Order 13132 (64 FR 43255, August 10,
                                                7, 2015, and held a public hearing on                      Source ...............           92           51 1999);
                                                April 30, 2015. The MoDNR received                      Mobile Source .......               92           27    • Is not an economically significant
                                                oral comments from seven sources                                                                            regulatory action based on health or
                                                during the hearing and written                                                                              safety risks subject to Executive Order
                                                                                                        V. What action is the EPA taking?
                                                comments from three sources prior to                                                                        13045 (62 FR 19885, April 23, 1997);
                                                the close of the public comment                            The EPA is proposing to approve the                 • Is not a significant regulatory action
                                                period.5                                                two SIP revision submissions from the               subject to Executive Order 13211 (66 FR
                                                   None of the comments the state                       MoDNR addressing the CAA section                    28355, May 22, 2001);
                                                received were directly related to the                   172(c)(3) requirement to submit a base                 • Is not subject to requirements of the
                                                baseline year emissions inventories,                    year emissions inventory for Missouri’s             National Technology Transfer and
                                                therefore no changes were made to the                   partial Jackson County and partial                  Advancement Act (NTTA) because this
                                                baseline emmisions inventories prior to                 Jefferson County nonattainment areas of rulemaking does not involve technical
                                                   2 The MoDNR withdrew the ‘‘Nonattainment Area
                                                                                                        the 2010 1-hour SO2 NAAQS. The EPA                  standards; and
                                                Plan for the 2010 1-Hour Sulfur Dioxide National
                                                                                                        proposes that these emission inventory                 • Does not provide EPA with the
                                                Ambient Air Quality Standard—Jackson County             SIP revision submissions were                       discretionary authority to address, as
                                                Sulfur Dioxide Nonattainment Area’’ SIP                 submitted in accordance with sections               appropriate, disproportionate human
                                                submission, except the EI, from the EPA’s               110, 191(a), and 172(c)(3) of the CAA.              health or environmental effects, using
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                                                consideration on June 11, 2018.
                                                   3 The Sierra Club submitted letters from 78
                                                                                                        Final rulemaking will occur after                   practicable and legally permissible
                                                citizens.                                               consideration of any comments.                      methods, under Executive Order 12898
                                                   4 The MoDNR withdrew the National Ambient                                                                (59 FR 7629, February 16, 1994).
                                                Air Quality Standard—Jefferson County Sulfur              6 The MoDNR developed separate model input           The SIP is not approved to apply on
                                                Dioxide Nonattainment Area’’ SIP submission,            inventories based on 2012 emissions that included   any Indian reservation land or in any
                                                except the EI, from the EPA’s consideration on          sources inside of and outside of the nonattainment
                                                March 30, 2018.                                         areas. Nonpoint and mobile sources emissions were
                                                                                                                                                            other area where EPA or an Indian tribe
                                                   5 The Sierra Club submitted postcards and            considered part of the background in the modeling   has demonstrated that a tribe has
                                                signatures from 240 citizens.                           scenarios.                                          jurisdiction. In those areas of Indian


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                                                59350                 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules

                                                country, the rule does not have tribal                     Dated: November 16, 2018.                                      Authority: 42 U.S.C. 7401 et. seq.
                                                implications and will not impose                         James B. Gulliford,
                                                substantial direct costs on tribal                       Regional Administrator, Region 7.                            Subpart—AA Missouri
                                                governments or preempt tribal law as                       For the reasons stated in the                              ■  2. Amend the table in § 52.1320,
                                                specified by Executive Order 13175 (65                   preamble, the EPA proposes to amend                          paragraph (e) by adding new entries
                                                FR 67249, November 9, 2000).                             part 52 as set forth below:                                  ‘‘(76)’’ and ‘‘(77)’’ in numerical order to
                                                List of Subjects in 40 CFR Part 52                       PART 52—APPROVAL AND                                         read as follows:
                                                  Environmental protection, Air                          PROMULGATION OF                                              § 52.1320    Identification of Plan.
                                                pollution control, Emissions Inventory,                  IMPLEMENTATION PLANS
                                                                                                                                                                      *       *    *       *     *
                                                Incorporation by reference, Sulfur                       ■ 1. The authority citation for part 52                          (e) * * *
                                                oxides.                                                  continues to read as follows:

                                                                                        EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
                                                                                                 Applicable
                                                  Name of nonregulatory SIP                                                         State
                                                                                               geographic or                                                 EPA approval date                       Explanation
                                                          provision                                                              submittal date
                                                                                             nonattainment area


                                                          *                *                          *                               *                          *                     *                  *
                                                (76) Jackson County 1-Hour            Jackson County ......................          10/15/2015        [Date of publication of the final   [EPA–R07–OAR–2018–
                                                  SO2 NAA Baseline Emis-                                                                                 rule in the Federal Reg-            0700; FRL–9986–80–Re-
                                                  sions Inventory.                                                                                       ister], [Federal Register ci-       gion 7].
                                                                                                                                                         tation of the final rule].
                                                (77) Jefferson County 1-Hour          Jefferson County .....................              6/1/2015     [Date of publication of the final   [EPA–R07–OAR–2018–
                                                  SO2 NAA Baseline Emis-                                                                                 rule in the Federal Reg-            0700; FRL–9986–80–Re-
                                                  sions Inventory.                                                                                       ister], [Federal Register ci-       gion 7].
                                                                                                                                                         tation of the final rule].



                                                [FR Doc. 2018–25553 Filed 11–21–18; 8:45 am]             to attainment/unclassifiable for the 2010                    casso.ruben@epa.gov. To inspect the
                                                BILLING CODE 6560–50–P                                   primary SO2 NAAQS.                                           hard copy materials, please schedule an
                                                                                                         DATES: Comments must be received on                          appointment with Mr. Casso.
                                                                                                         or before December 24, 2018.                                 SUPPLEMENTARY INFORMATION:
                                                ENVIRONMENTAL PROTECTION                                                                                              Throughout this document ‘‘we,’’ ‘‘us,’’
                                                AGENCY                                                   ADDRESSES: Submit your comments,
                                                                                                                                                                      or ‘‘our’’ means the EPA.
                                                                                                         identified by Docket ID No. EPA–R06–
                                                40 CFR Part 81                                           OAR–2018–0624 at https://                                    I. Background
                                                                                                         www.regulations.gov. Follow the online                          The Clean Air Act (CAA or Act)
                                                [EPA–R06–OAR–2018–0624; FRL–9986–54–
                                                Region 6]                                                instructions for submitting comments.                        establishes a process for air quality
                                                                                                         Once submitted, comments cannot be                           management through the establishment
                                                Air Quality Designation for the 2010                     edited or removed from Regulations.gov.                      and implementation of the NAAQS.
                                                Sulfur Dioxide (SO2) Primary National                    The EPA may publish any comment                              After the promulgation of a new or
                                                Ambient Air Quality Standard;                            received to its public docket. Do not                        revised NAAQS, EPA is required to
                                                Arkansas; Redesignation of the                           submit electronically any information                        designate all areas of the country,
                                                Independence County Area                                 you consider to be Confidential                              pursuant to section 107(d)(1) of the
                                                                                                         Business Information (CBI) or other                          CAA. For the 2010 SO2 primary
                                                AGENCY:  Environmental Protection                        information whose disclosure is
                                                Agency (EPA).                                                                                                         NAAQS, designations were based on the
                                                                                                         restricted by statute. Multimedia                            EPA’s application of the nationwide
                                                ACTION: Proposed rule.                                   submissions (audio, video, etc.) must be                     analytical approach to, and technical
                                                SUMMARY:   On April 20, 2018, the State                  accompanied by a written comment.                            assessment of, the weight of evidence
                                                of Arkansas (AR), through the Arkansas                   The written comment is considered the                        for each area, including but not limited
                                                Department of Environmental Quality                      official comment and should include                          to available air quality monitoring data
                                                (ADEQ) submitted a request for the                       discussion of all points you wish to                         and air quality modeling results. The
                                                Environmental Protection Agency (EPA)                    make. The EPA will generally not                             EPA issued updated designations
                                                to assess new available information and                  consider comments or comment                                 guidance through a March 20, 2015,
                                                redesignate the Independence County,                     contents located outside of the primary                      memorandum from Stephen D. Page,
                                                AR unclassifiable area (hereinafter                      submission (i.e., on the web, cloud, or                      Director, U.S. EPA, Office of Air Quality
                                                referred to as the ‘‘County’’ or ‘‘Area’’)               other file sharing system). For                              Planning and Standards, to Air Division
                                                for the 2010 sulfur dioxide (SO2)                        additional submission methods, the full                      Directors, U.S. EPA Regions 1–10 titled,
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                                                primary national ambient air quality                     EPA public comment policy,                                   ‘‘Updated Guidance for Area
                                                standard (NAAQS) to attainment/                          information about CBI or multimedia                          Designations for the 2010 Primary
                                                unclassifiable. The EPA is proposing                     submissions, and general guidance on                         Sulfur Dioxide National Ambient Air
                                                that it now has sufficient information to                making effective comments, please visit                      Quality Standard,’’ which contains the
                                                determine that the Area is attaining the                 https://www.epa.gov/dockets/                                 factors the EPA intends to evaluate in
                                                2010 SO2 primary NAAQS, and,                             commenting-epa-dockets.                                      determining the appropriate
                                                therefore, is proposing to approve the                   FOR FURTHER INFORMATION CONTACT: Mr.                         designations and associated boundaries,
                                                State’s request and redesignate the Area                 Ruben Casso, (214) 665–6763,                                 including: (1) Air quality


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Document Created: 2018-11-27 12:59:10
Document Modified: 2018-11-27 12:59:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before December 24, 2018.
ContactTracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219, by telephone at (913) 551-7016, or by email at [email protected]
FR Citation83 FR 59348 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Emissions Inventory; Incorporation by Reference and Sulfur Oxides

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