Browse: Departments Dates Agencies
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R07-OAR-2007-0383; FRL-8318-8]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans; State of Missouri
DATES: This direct final rule will be effective July 30, 2007, without further notice, unless EPA receives adverse comment by July 2, 2007. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
DOCUMENT SUMMARY: EPA is approving a request to amend the Missouri State Implementation Plan (SIP) to include the base year inventory for the Missouri portion of the St. Louis 8hour ozone national ambient air quality standard (NAAQS) nonattainment area and a demonstration of Missouri's emissions statement authority. The Missouri portion of the St. Louis nonattainment area consists of the City of St. Louis and Franklin, Jefferson, St. Charles and St. Louis Counties. The nonattainment area also includes four counties in Illinois. This amendment would fulfill Missouri's obligation, as a moderate nonattainment area, to submit a base year inventory for the 8hour ozone NAAQS and to demonstrate adequate authority to address the emissions statement requirement as required under Section 182(a)(1) and Section 182(a)(3)(B) of the Clean Air Act, respectively.
SUMMARY: Missouri,
SUPPLEMENTAL INFORMATION
Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This section provides additional information by addressing the following questions: What is a SIP?What is the Federal approval process for a SIP?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met? What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop air pollution regulations and control strategies to ensure that state air quality meets the national ambient air quality standards established by EPA. These ambient standards are established under section 109 of the CAA, and they currently address six criteria pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to us for approval and incorporation into the Federallyenforceable SIP.
Each Federallyapproved SIP protects air quality primarily by addressing air pollution at its point of origin. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations.
What is the Federal approval process for a SIP?
In order for state regulations to be incorporated into the Federallyenforceable SIP, states must formally adopt the regulations and control strategies consistent with state and Federal requirements. This process generally includes a public notice, public hearing, public comment period, and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or control strategy is adopted, the state submits it to us for inclusion into the SIP. We must provide public notice and seek additional public comment regarding the proposed Federal action on the state submission. If adverse comments are received, they must be addressed prior to any final Federal action by us.
All state regulations and supporting information approved by EPA under section 110 of the CAA are incorporated into the Federally approved SIP. Records of such SIP actions are maintained in the Code of Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and Promulgation of Implementation Plans.'' The actual state regulations which are approved are not reproduced in their entirety in the CFR outright but are ``incorporated by reference,'' which means that we have approved a given state regulation with a specific effective date. What is being addressed in this document?
On June 15, 2006, we received a request from the Missouri Department of Natural Resources (MDNR) to amend its SIP to include the 2002 Base Year Emissions Inventory for the Missouri Portion of the St. Louis 8Hour Ozone Nonattainment Area. The Missouri portion of the St. Louis nonattainment area consists of the City of St. Louis and Franklin, Jefferson, St. Charles and St. Louis Counties. The St. Louis area was designated a moderate nonattainment area for the 8hour ozone national ambient air quality standard (NAAQS) on April 15, 2004. This designation became effective on June 15, 2004. Moderate nonattainment areas must comply with requirements under the CAA Section 182(b), which states, in part, that moderate nonattainment areas shall make submissions that are required under subsection (a) relating to marginal areas. Section 182(a)(1) states that areas subject to Section 182(a) must submit a comprehensive, accurate, current inventory of actual emissions from all sources in accordance with EPA guidance. Such plans must be submitted within two years after the initial designation of June 15, 2004. In addition, Section 182(a)(3)(B) requires that the SIP include requirements that owner and operators of the sources emitting ozone precursors must submit annual statements of their emissions. This action addresses both of these requirements for the Missouri portion of the St. Louis 8hour ozone nonattainment area.
EPA's Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS) and
Regional Haze Regulations (EPA454/R05001, August 2005) was used as
the basis for the development of the base year inventory submittal.
MDNR chose 2002 as the base year for the St. Louis 8hour ozone
nonattainment area emissions inventory as recommended by the November
18, 2002, EPA memorandum 2002 Base Year Inventory SIP Planning: 8Hour
Ozone, PM
Emissions for Missouri's portion of the St. Louis 8hour ozone
nonattainment area for the 2002 base year inventory are summarized in Table 1.
[[Page 30274]]
Table 1.2002 Base Year Emissions Summary by Source Category Type
Source type VOC tons/yr VOC tons/OSD NOX tons/yr NOX tons/OSD CO tons/yr CO tons/OSD
Point....................... 10,868.4 29.0 44,018.3 126.8 9,207.0 26.4
Area........................ 28,947.0 73.3 10,014.2 19.1 20,976.8 30.6
Offroad Mobile.............. 13,881.3 45.3 19,329.0 60.2 188,365.9 642.6
Onroad Mobile............... 25,973.0 68.2 60,311.7 159.0 399,726.4 863.5
Anthropogenic Totals.... 79,669.7 215.7 133,673.2 365.1 618,276.1 1,563.2 Biogenics................... 56,878.50 385.8 886.5 3.5 4,813.60 28.7
Total (All)............. 136,548.20 601.5 134,559.70 368.60 623,089.70 1,591.90
Missouri's obligation under Section 182(a)(3)(B) of the CAA, which
requires that all states with ozone nonattainment areas collect
emission statements of the actual VOC and NO
Have the requirements for approval of a SIP revision been met?
The state submittal has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submittal also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the technical support document which is part of this document, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.
What action is EPA taking?
We are approving the request to amend Missouri's SIP to include the base year inventory for the Missouri portion of the St. Louis 8hour ozone nonattainment area. We are processing this action as a direct final action because the revisions make routine changes to the existing rules which are noncontroversial. Therefore, we do not anticipate any adverse comments. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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. 1044).
This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule [[Page 30275]]
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 30, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 14, 2007
John B. Askew,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AAMissouri
2. In Sec. 52.1320(e) the table is amended by adding an entry in numerical order to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(e) * * *
EPAApproved Missouri Nonregulatory SIP Provisions
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
provision nonattainment area date
* * * * * * *
(52) Submittal of the 2002 Base St. Louis.......... 06/15/06 05/31/07 [insert FR
Year Inventory for the Missouri page number where
Portion of the St. Louis 8hour the document
ozone nonattaiment area and begins]. Emissions Statement SIP.
[FR Doc. E710231 Filed 53007; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Shelly Rios-LaLuz at (913) 551-7296, or by email at rios.shelly@epa.gov.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 26 CFR Part 301 50 CFR Part 622 39 CFR Part 111 40 CFR Part 300 44 CFR Part 65 50 CFR Part 660 40 CFR Part 271 40 CFR Parts 52 and 81 47 CFR Part 64 50 CFR Part 665 49 CFR Part 571 44 CFR Part 64 14 CFR Part 23 47 CFR Part 76 50 CFR Part 229