[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49913-49917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20249]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0602; FRL-9932-39-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri, Controlling Emissions During Episodes of High Air Pollution
Potential
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP)
submitted by the State of Missouri and received by EPA on December 17,
2013, pertaining to Missouri's regulation ``Controlling Emissions
During Episodes of High Air Pollution Potential.'' This regulation
specifies conditions that establish air pollution alerts and emergency
alert levels, and associated procedures and emission reduction
objectives statewide. This action revises the SIP by amending an
existing table in the regulation, clarifying requirements of the
regulation related to emission reduction plans and other provisions,
and makes administrative and format changes, all consistent with
Federal regulations.
DATES: This final rule is effective on September 17, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0602. All documents in the docket are listed on
the www.regulations.gov Web site. 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 either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. The Regional Office's official hours of business
are Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Amy Bhesania, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7147, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we'', ``us'', or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?
I. What is being addressed in this document?
EPA is taking final action to approve a revision to the Missouri
SIP received by EPA on December 17, 2013, pertaining to Missouri
regulation 10 CSR 10-6.130, ``Controlling Emissions During Episodes of
High Air Pollution Potential.'' This regulation specifies conditions
that establish air pollution alerts and emergency alert levels, and
associated procedures and emission reduction objectives statewide. This
action revises the SIP by amending an existing table in the regulation,
clarifying requirements of the regulation related to emission reduction
plans and other provisions, and makes administrative and format changes
all consistent with Federal regulations. EPA proposed approval of this
rule on November 4, 2014 at 79 FR 65362.
Specifically, in subsection (1)(A), the regulation is being revised
to clarify the applicability of the regulation to all sources and
premises throughout the entire state with emissions of sulfur dioxide
(SO2), carbon monoxide (CO), ozone (O3), nitrogen
dioxide (NO2) or Particulate Matter--10 Micron
(PM10) and 2.5 Micron (PM2.5) that contribute to
the air quality levels in the state. This clarification is consistent
with federal regulations regarding prevention of air pollution
emergency episodes found in 40 CFR part 51, subpart H.
In addition, specific terms in this regulation that were previously
defined in section (2) have now been removed and placed in Missouri
regulation 10 CSR 10-6.020, ``Definitions and Common Reference
Tables.''
In section (3) of the regulation, table A is being amended to
remove the specific breakpoint values for each relevant pollutant but
retains the Air Quality Index (AQI) range values and categories for
each pollutant. Because the AQI breakpoint values are updated each time
a National Ambient Air Quality Standard (NAAQS) is revised, removing
these values from the table eliminates unnecessary updates to this
[[Page 49914]]
table. The AQI breakpoint values are established when EPA takes final
action to revise a NAAQS. In subparagraph (3)(A)2., Missouri identifies
that these breakpoint values are codified in 40 CFR part 58, appendix G
and therefore applicable to this state regulation Missouri's SIP
approved regulation 10 CSR 10-6.010, Ambient Air Quality Standards,
adopts EPA's most recent air quality standards and thus associated AQI
breakpoint values. Therefore there is no need for this regulation being
amended as part of today's action, to also contain these breakpoint
values. This revision to the regulation does not alter any provisions
or applicability of the regulation.
The conditions that are listed for alert level categories are being
moved from a narrative outline format into a table format in subsection
(3)(B), table B, to provide more clarity regarding the specific
applicable conditions. The requirement for an air stagnation advisory
to be in effect in order to trigger an alert has been removed from all
alert level categories thus, the conditions that are required to
establish an alert are more easily triggered.
The procedures established for addressing alert level conditions
are being moved from a narrative outline into a table format in
subsection (3)(C), table C, to provide clarity on applicable
procedures. The alert level procedures associated with an orange alert
which are currently listed in the regulation have been removed. These
orange alert procedures were inadvertently retained when the state
revised their regulation in 2002 to be consistent with revised Federal
regulations by updating the formally called Pollution Standards Index
(PSI) to the AQI standards and procedures as codified in 40 CFR part
58, appendix G. EPA took action to approve Missouri's SIP revision on
March 18, 2003 (68 FR 12829). Establishing orange alert procedures are
not a Federal requirement. Today's action amends the SIP to correct
this error. This action does not alter the stringency of the
regulation.
Additional clarity is being added to section (4) of the regulation
addressing reporting and recordkeeping requirements. The alert plan
requirements that are outlined in section (3) of the regulation are
being moved to a table format, tables D, E, and F. These tables retain
the same objectives as previously contained in the regulation, only
modified in format and moved to section (4) of the regulation with the
exception of one red alert procedure. The red alert procedure which
previously outlined provisions for the director to request all
entertainment functions and facilities be closed has been removed from
the regulation. This procedure is not a requirement of Federal
regulations for red alert procedures, and therefore remains consistent
with Federal requirements. This does not alter the stringency of the
regulation. This procedure remains applicable for maroon level
procedures.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above, the revision meets the substantive SIP
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations. These modifications will not adversely affect
air quality and will not relax the SIP.
III. EPA's Response to Comments
The public comment period on EPA's proposed regulation opened
November 4, 2014, the date of its publication in the Federal Register,
and closed on December 4, 2014 (79 FR 65362). During this period, EPA
received two comment letters. The first letter is in support of EPA's
action and therefore no response to the comment is necessary. The
comments included in the second letter are addressed below.
Comment 1: The commenter expressed overall agreement with EPA
actions, however requests EPA to ``clarify certain aspects of the
emergency episode program as well as the Air Quality Index (AQI) values
derived from the significant harm levels (SHLs) for the
PM2.5 NAAQS.''
Response 1: Because this comment is not directly related to EPA's
proposed action on November 4, 2014, no changes will be made in
response to this comment. In this action, EPA is evaluating specific
revisions to the existing SIP in Missouri. EPA is not addressing other
Federal regulations that govern issues such as the AQI or SHLs for
PM2.5. EPA provides the following background and references
as guidance to address the commenter's request to clarify certain
aspects of the emergency episode program.
EPA promulgated regulations for emergency episodes in 40 CFR part
51, subpart H (51.150 through 51.153). The regulations address the
following:
51.150--how regions are classified for sulfur oxides
(SOX), PM, carbon monoxide (CO), nitrogen dioxide
(NO2), and ozone;
51.151--the requirement for a contingency plan for any
region classified as Priority I to prevent air pollution levels from
reaching the significant harm levels (SHLs) established therein;
51.152--the specific content requirements for a
contingency plan; a requirement that regions classified as Priority IA
or II have a contingency plan that addresses a subset of those content
requirements; a provision that regions ``classified Priority III do not
need to develop episode plans;'' and an exemption mechanism for the
Administrator; and
51.153--how states should review the classification of
regions using the most recent three years of data; and a requirement to
revise emergency episode plans if a higher classification is warranted
by the recent air pollution levels.
EPA has issued several memoranda that provide guidance on emergency
episode planning to meet the requirements of section 110(a)(2)(G),
including the 2007 Infrastructure SIP Guidance for the 1997 ozone and
1997 fine particulate matter (PM2.5) NAAQS,\1\ the 2009
Infrastructure SIP Guidance for the 2006 PM2.5 NAAQS,\2\ the
2011 Infrastructure SIP Guidance for the 2008 lead (Pb) NAAQS,\3\ and
the 2013 Infrastructure SIP Guidance for the 2008 ozone, 2010
NO2, 2010 sulfur dioxide (SO2), and all future
NAAQS. The latter represents EPA's most recent guidance.\4\
---------------------------------------------------------------------------
\1\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards,'' William T. Harnett, Director, EPA's
Air Quality Policy Division, October 2, 2007. http://www.epa.gov/ttn/oarpg/t1/memoranda/110a_sip_guid_fin100207.pdf.
\2\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 2006 24-hour Fine Particle (PM2.5)
National Ambient Air Quality Standards,'' William T. Harnett,
Director, EPA's Air Quality Policy Division, September 25, 2009.
http://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
\3\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 2008 Lead (Pb) National Ambient Air Quality
Standards,'' Stephen D. Page, Director, EPA's Office of Air Quality
Planning and Standards, October 14, 2011. http://www.epa.gov/air/lead/pdfs/20111014infrastructure.pdf.
\4\ ``Guidance on Infrastructure SIP Elements under Clean Air
Act Sections 110(a)(1) and 110(a)(2),'' Stephen D. Page, Director,
EPA's Office of Air Quality Planning and Standards, September 13,
2013. http://www.epa.gov/oar/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
---------------------------------------------------------------------------
Comment 2: The commenter also stated that EPA incorrectly stated in
its November 4, 2014, proposed action that Missouri's regulations are
``consistent'' with Federal regulations that meet the breakpoint values
in subpart H.
[[Page 49915]]
Response 2: When stating the state's action was `consistent' with
federal regulations, EPA was specifically referring to the Missouri
revision in subsection (1)(A) of the regulation which was revised to
clarify the applicability of the regulation to all sources and premises
through the entire state. EPA believes that this specific revision to
subsection (1)(A) of the regulation is in fact consistent with subpart
H of 40 CFR part 51. This subsection of Missouri's regulation does not
relate to the AQI table as the commenter suggests.
Comment 3: The commenter implied that Missouri was removing SHLs
from their regulation and was instead relying on AQI breakpoint values
to determine the levels at which emergency episodes occur.
Response 3: Missouri's regulations do not specifically include SHL
values, and therefore EPA is not taking action to remove SHLs. In
addition, for identified priority areas in Missouri, the state is not
changing these classifications or supplanting these priority levels
with the AQI.
Comment 4: The commenter stated that AQI breakpoint values are not
updated each time the National Ambient Air Quality Standards (NAAQS)
are revised.
Response 4: The January 15, 2013, final rule for the
PM2.5 standards updated the AQI breakpoint values for
PM2.5. See 78 FR 3086. This is consistent with past EPA
actions.
Comment 5: The fifth and sixth paragraphs of the commenter's letter
expresses concern about EPA's historical actions related to the
emergency episode program and that EPA has not determined a SHL (and
thus AQI breakpoint values) specifically for PM2.5.
Response 5: Because this comment is not related to EPA's proposed
action on November 4, 2014, no changes will be made to EPA's action in
response to this comment. Further, because EPA is not taking action to
address or revise any SHL in Missouri's regulation, no changes will be
made to EPA's action in response to this aspect of the comment. See
response to comment 1 above for further information on EPA's historical
actions related to the emergency episode program. In addition, while
the regulations in 40 CFR part 51, subpart H do not address
PM2.5 specifically and do not identify a significant harm
level or priority classification levels for PM2.5, the EPA
has recommended to states, through the September 25, 2009 guidance,
which remains in effect, that states only need to develop contingency
plans for any area that has a monitored and recorded 24-hour
PM2.5 levels greater than 140.4 [micro]g/m\3\ since 2006.
The EPA has evaluated PM2.5 regulatory monitoring data in
Missouri since 2006 and have confirmed that no values greater than
140.4 [micro]g/m\3\ have been recorded. Accordingly, EPA believes that
there are no areas in Missouri for which a contingency plan is required
at this time. If there were an area for which such a contingency plan
were necessary, however, EPA's 2013 infrastructure SIP guidance states,
``the EPA believes that the central components of a contingency plan
would be to reduce emissions from the source(s) at issue (if necessary
by curtailing operations of . . . PM2.5 sources) and public
communication as needed.'' Thus, the absence of a significant harm
level and classification levels for PM2.5 are not relevant,
if Missouri were required to develop a contingency plan for purposes of
PM2.5, which it is not at this time. However, EPA notes that
the state regulation is applicable to ``all emissions'' including
PM2.5 and therefore the provisions of the state regulation
apply to PM2.5 as well.
Comment 6: The commenter requests clarification regarding the
``placeholder'' AQI levels and SHLs for PM2.5 remain
appropriate for the nation and for Missouri.
Response 6: EPA has previously approved Missouri's emergency
episode plan as meeting the requirements of CAA section 110(a)(2)(G),
See 78 FR 37457. For a detailed rationale on EPA's analysis of how
Missouri meets these requirements, see EPA's proposed action on April
10, 2013 (78 FR 21281).
In response to the commenter's broader concern of the
appropriateness of the AQI levels in relation to SHLs for
PM2.5, EPA directs the commenter to EPA's February 2007
issue paper on revising the AQI and setting a SHLs for PM2.5
as previously referenced in comment 1.
Comment 7: The commenter stated that, ``EPA should not approve
state regulations that are merely `consistent with' federal regulations
when EPA clearly set out `placeholder' values and not real values that
would protect the public health and welfare.''
Response 7: Because this comment is not related to EPA's action on
November 4, 2014, no changes will be made in response to this comment.
EPA directs the commenter to EPA's February 2007 issue paper on
revising the AQI and setting a SHL for PM2.5 as previously
referenced in comment 1.
Comment 8: The commenter requested that EPA should explain why it
has not revised the SHLs for PM2.5 in 15 years.
Response 8: Because this comment is not related to EPA's action on
November 4, 2014, no changes will be made in response to this comment.
EPA directs the commenter to response number 1 and 5 above for further
explanation of historical actions on EPA's emergency episode planning
requirements and guidance.
IV. What action is EPA taking?
Upon review and consideration of comments received, EPA is taking
final action to revise the Missouri SIP pertaining to Missouri
regulation 10 CSR 10-6.130, ``Controlling Emissions During Episodes of
High Air Pollution Potential.'' Based upon review of the state's SIP
revision and relevant requirements of the CAA, EPA believes that this
revision meets applicable requirements and does not adversely impact
air quality in Missouri.
Statutory and Executive Order Reviews
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Missouri
Code of State Regulations described in the amendments to 40 CFR part 52
set forth below. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
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);
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.);
[[Page 49916]]
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 Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 October 19, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See 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: August 4, 2015.
Mark Hague,
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 (c) is amended by revising
the entry for 10-6.130 as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.130....................... Controlling 12/30/13 8/18/15, [Insert ............................
Emissions During Federal Register
Episodes of High citation].
Air Pollution
Potential.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-20249 Filed 8-17-15; 8:45 am]
BILLING CODE 6560-50-P