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). See75 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. See78 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]

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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]

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]

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]

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 anExecutive 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive 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, underExecutive 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 ( printed 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).

For the reasons stated in the preamble, the EPA proposes to amend part 52 as set forth below:

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

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

2. Amend the table in § 52.1320, paragraph (e) by adding new entries “(76)” and “(77)” in numerical order to read as follows:

83 FR 59348