[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1887-1890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00428]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0587; FRL 9941-01-Region 7]
Approval of Missouri's Air Quality Implementation Plans; Early
Progress Plan of the St. Louis Nonattainment Area for the 2008 Ozone
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) submitted by the State of Missouri consisting of the Early
Progress Plan and motor vehicle emissions budgets (MVEBs) for volatile
organic compounds (VOCs) and oxides of nitrogen (NOX) for
the St. Louis Nonattainment area under the 2008 8-hour National Ambient
Air Quality Standard (NAAQS). On August 26, 2013, EPA received from the
Missouri Department of Natural Resources (MDNR) an Early Progress Plan
for the St. Louis area showing progress toward attainment under the
2008 Ozone NAAQS. This submittal was developed to establish MVEBs for
the St. Louis 8-hour ozone nonattainment area. This approval of the
Early Progress Plan for the St. Louis 8-hour ozone nonattainment area
fulfills EPA's requirement to act on the MDNR SIP submission and to
formalize that the MVEB is approved, and when considered with the
emissions from all sources, demonstrates progress toward attainment
from the 2008 base year through a 2015 target year. EPA found these
MVEBs adequate for transportation conformity purposes in an earlier
action on March 5, 2014.
DATES: This direct final rule will be effective March 14, 2016, without
further notice, unless EPA receives adverse comment by February 16,
2016. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0587, to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7718 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 the background for this action?
II. What are the criteria for early progress plans?
III. What is EPA's analysis of the request?
IV. What are the MVEB's for the St. Louis 8-hour ozone area?
V. What action is EPA taking?
I. What is the background for this action?
EPA's final rule designating nonattainment areas and associated
classifications for the 2008 ozone National Ambient Air Quality
Standards (NAAQS) was published in the Federal Register on May 21, 2012
(77 FR 30088). The St. Louis area was designated as marginal
nonattainment. The St. Louis ozone area had previously been designated
nonattainment for the 1-hour ozone standard and had 1-hour motor
vehicle emissions budgets (MVEBs) for NOX and VOC
established in the St. Louis 1-hour maintenance plan SIP (66 FR 33996).
The 1-hour MVEBs were the only approved MVEBs for St. Louis and were
based on EPA's MOBILE6.2
[[Page 1888]]
emissions model. Consequently, the transportation partners in St. Louis
were required to use the 1-hour MVEB test to demonstrate transportation
conformity for the 8-hour ozone standard until new MVEBs were approved
or found adequate, as required by the transportation conformity rule at
40 CFR 93.109(c)(2)(i). Missouri submitted this plan to establish new 8
hour MVEBs developed with EPA's current MOVES2014 model.
EPA allows for the establishment of MVEBs for the 8-hour ozone
standard prior to a state submitting its first required 8-hour ozone
SIP that would include new MVEBs. Although voluntary, these ``early''
MVEBs must be established through a plan, known as the ``Early Progress
Plan,'' that meets all the requirements of a SIP submittal. The
preamble of the July 1, 2004, final transportation conformity rule
(see, 69 FR 40019) reads as follows:
``The first 8-hour ozone SIP could be a control strategy SIP
required by the Clean Air Act (e.g., rate-of-progress SIP or attainment
demonstration) or a maintenance plan. However, 8-hour ozone
nonattainment areas are free to establish, through the SIP process, a
motor vehicle emissions budget or budgets that addresses the new NAAQS
in advance of a complete SIP attainment demonstration. That is, a state
could submit a motor vehicle emission budget that does not demonstrate
attainment but is consistent with projections and commitments to
control measures and achieves some progress toward attainment (August
15, 1997, 62 FR 43799). A SIP submitted earlier than otherwise required
can demonstrate a significant level of emissions reductions from
current level of emissions, instead of a specific percentage required
by the Clean Air Act for moderate and above ozone areas.''
II. What are the criteria for early progress plans?
The Early Progress Plan must demonstrate that the SIP revision
containing the MVEBs, when considered with emissions from all sources,
and when projected from the base year to a future year, shows some
progress toward attainment. EPA has previously indicated that a 5
percent to 10 percent reduction in emissions from all sources could
represent a significant level of emissions reductions from current
levels (69 FR 40019). This allowance is provided so that areas have an
opportunity to use the budget test to demonstrate conformity as opposed
to the interim conformity tests (i.e., 2002 baseline test and/or action
versus baseline test). The budget test with an adequate or approved
MVEB budget is generally more protective of air quality and provides a
more relevant basis for conformity determinations than the interim
emissions test. (69 FR 40026).
It should also be noted that the Early Progress Plan is not a
required plan and does not substitute for required submissions such as
an attainment demonstration or rate-of-progress plan, if such plans
become required for the St. Louis 8-hour ozone area.
III. What is EPA's analysis of the request?
In August 2013, the State submitted to EPA an Early Progress Plan
for the purpose of establishing MVEBs for the St. Louis 8-hour ozone
area. The submittal utilizes a base year of 2008, and a projected year
of 2015 to establish NOX and VOC MVEBs. The planning
assumptions used to develop the MVEBs were discussed and agreed to by
the St. Louis interagency consultation group, East West Gateway (EWG),
which consists of the transportation and air quality partners in the
St. Louis 8-hour ozone nonattainment area. Tables 1 and 2 below show
the differences by source categories between the 2008 base year and
2015 forecast year. The NOX and VOC emissions in tons per
day (tpd) within the St. Louis nonattainment area are expected to
decrease significantly, 31 percent and 12 percent, respectively,
between 2008 and 2015. These emission trends demonstrate that progress
will be made towards attainment of the 2008 8-hour ozone NAAQS.
------------------------------------------------------------------------
2008 NOX 2015 NOX
Source (tpd) (tpd)
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Point................................... 88.84 86.32
Area.................................... 6.52 6.64
On-road................................. 161.25 76.70
Non-road................................ 65.18 53.72
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Total............................... 321.79 223.38
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Total Percent Reduction......... 31%
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------------------------------------------------------------------------
2008 VOC 2015 VOC
Source (tpd) (tpd)
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Point................................... 18.01 21.60
Area.................................... 99.47 111.73
On-road................................. 60.86 32.70
Non-road................................ 45.08 30.67
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Total............................... 223.42 196.70
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Total Percent Reduction......... 12%
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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, the revision meets the substantive SIP requirements of the
CAA, including Section 110 and implementing regulations.
IV. What are the MVEB's for the St. Louis 8-hour ozone area?
Through this rulemaking, EPA is approving the 2015 regional MVEBs
for NOX and VOC for the St. Louis 8-hour ozone area. EPA has
determined that the MVEBs contained in the Early Progress Plan SIP
revision are consistent with emission reductions from all sources
within the nonattainment area and are showing progress toward
attainment.
[[Page 1889]]
The 2015 MVEBs in tpd for VOCs and NOX for the St. Louis,
Missouri area are as follows:
------------------------------------------------------------------------
2015 NOX (tons 2015 VOC (tons
per day) per day)
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St. Louis Area MVEB................... 76.70 32.70
------------------------------------------------------------------------
EPA found these MVEBs adequate for transportation conformity
purposes in an earlier action (March 5, 2014, 79 FR 12504). As of March
19, 2014, the effective date of EPA's adequacy finding for these MVEBs,
conformity determinations in St. Louis must meet the budget test using
these 8-hour MVEBs, instead of the 1-hour ozone MVEBs. It should be
noted that the previous adequacy finding does not relate to the merits
of the SIP submittal, nor does it indicate whether the submittal meets
the requirements for approval. This EPA rulemaking action takes formal
action on the Early Progress Plan SIP revision.
V. What action is EPA taking?
EPA is taking direct final action to approve this SIP revision. We
are publishing this rule without a prior proposed rule because we view
this as a noncontroversial action and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of this Federal Register, we
are publishing a separate document that will serve as the proposed rule
to approve this SIP revision, if adverse comments are received on this
direct final rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in any subsequent final rule based on the
proposed rule.
Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 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 March 14, 2016. 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: December 23, 2015.
Mark Hague,
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.
[[Page 1890]]
Subpart AA--Missouri
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2. Section 52.1320(e) is amended by adding new entry (68) at the end of
the table to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e) * * *
Epa-Approved Missouri Nonregulatory SIP Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(68) Missouri Early Progress Plan St. Louis.......... 8/26/13 1/14/16 [Insert [EPA-R07-OAR-2015-0
Federal Register 587; FRL-9941-01-
citation]. Region 7].
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[FR Doc. 2016-00428 Filed 1-13-16; 8:45 am]
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