[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9346-9350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03901]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0438; FRL-9942-76-Region 7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Missouri; Emissions Inventory and Emissions Statement for the
Missouri Portion of the St. Louis MO-IL Ozone Nonattainment Area
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) for the state of Missouri. The revisions address base year
Emissions Inventory (EI) and emissions statement requirements of the
Clean Air Act (CAA) for the Missouri portion of the St. Louis marginal
ozone nonattainment area (``St. Louis area''). The Missouri counties
comprising the St. Louis area are Franklin, Jefferson, St. Charles, and
St. Louis along with the City of St. Louis. EPA is taking final action
to approve the SIP revisions because they satisfy the CAA section 182
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS). EPA is approving the revisions pursuant to section
110 and part D of the CAA and EPA's regulations. EPA will consider and
take action on the Illinois submission for its portion of the St. Louis
area in a separate action.
DATES: This direct final rule will be effective April 25, 2016, without
further
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notice, unless EPA receives adverse comment by March 28, 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-2015-0438, to http://www.regulations.gov. Follow the online
instructions for submitting comments. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
Publicly available docket materials are available either
electronically at www.regulations.gov or 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 legal 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: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551-7214 or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. What is the background for this action?
II. What is EPA's analysis of the State's submission?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
Ground-level ozone is a gas that is formed by the reaction of
volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) in the atmosphere in the presence of sunlight. These
precursor emissions are emitted by many types of pollution sources,
including power plants and industrial emissions sources, on-road and
off-road motor vehicles and engines, and smaller sources, collectively
referred to as area sources.
On March 12, 2008, EPA promulgated a revised NAAQS for ozone based
on 8-hour average concentrations. The level of the 2008 8-Hour ozone
NAAQS (hereafter the 2008 O3 NAAQS) was revised from 0.08
parts per million (ppm) to 0.075 ppm (73 FR 16436). EPA finalized
designations for the 2008 O3 NAAQS on May 21, 2012 (77 FR
30088). At the time of designations, the bi-state Missouri area was
classified as Marginal nonattainment for the 2008 O3 NAAQS.
Based on the nonattainment designations, Missouri was required to
submit a SIP revision to EPA addressing certain CAA requirements.
CAA sections 172(c)(3) and 182(a)(1) require states to develop and
submit as a SIP revision a comprehensive, accurate, current emissions
inventory (EI) for all areas designated as nonattainment for the
O3 NAAQS. 42 U.S.C. 7502(c) and 7511a(a). An EI 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 tracking emissions over time. The total EI of VOC and
NOX for a given area are summarized from the estimates
developed for five general categories of emissions sources: Point,
area, on-road mobile, non-road mobile, and biogenic. EPA's final 2008
ozone standard SIP requirements rule suggested that states use 2011 as
a base year to address the EI requirements (80 FR 12264, March 6,
2015).
II. What is EPA's analysis of the State's submission?
The primary CAA requirements are found in sections 110(l), and
182(a). CAA section 110(l) requires that a SIP revision submitted to
EPA be adopted after reasonable notice and public hearing. Section
110(l) also requires that EPA not approve a SIP if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA. CAA section 182(a) requires states with areas designated
nonattainment for the ozone NAAQS to submit a SIP revision that
contains a comprehensive, accurate, current inventory of actual
emissions from all sources.
On September 9, 2014, the State of Missouri submitted a SIP
revision containing the base year emissions inventory and emissions
statement requirements related to the 2008 8-hour ozone NAAQS for the
Missouri portion of the St. Louis area.\1\
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\1\ As Missouri noted in its SIP revision, other required
elements of Marginal nonattainment area plans in CAA Section 182(a)
have already been addressed in state regulations or in prior SIP
actions.
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A. Base Year Emissions Inventory
Missouri selected 2011 as its base year inventory, as suggested by
EPA in its final SIP requirements Rule which is the year corresponding
with the first triennial inventory required under 40 CFR part 51,
subpart A. This base year is one of the three years of ambient air
quality data used to designate the area nonattainment. Missouri's
emissions inventory for its portion of the St. Louis area provides 2011
actual emissions of the pollutants that contribute to ozone formation
for the nonattainment area: VOCs, NOX, and Carbon Monoxide
(CO). A detailed discussion of the inventory is located in appendix A
to Missouri's submission which is provided in the docket for this
action. The tables below provide a summary of the emissions inventory
for the Missouri portion of the St. Louis nonattainment area.
Table 1 displays the 2011 anthropogenic emissions inventory summary
for the Missouri portion of the 2008 St. Louis ozone nonattainment area
in tons per ozone season day. The anthropogenic source categories
include point, area, onroad mobile, and nonroad sources. Table 2
displays the 2011 emissions inventory summary for the biogenic and
wildfire (event) source categories in the Missouri portion of the 2008
St. Louis ozone nonattainment area in tons per ozone season day. Event
emissions include wild fire emissions, prescribed burning and
agricultural burning; however, when annual emissions from these three
event source categories are temporally allocated to ozone season day
emissions, only wild fire emissions are projected to occur during the
high ozone season.
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Table 1--2011 Anthropogenic Emissions Inventory Summary for the Missouri Portion of the Nonattainment Area
[Tons/ozone season day]
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County name Source category VOC NOX CO
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Franklin County....................... Point Sources........... 2.52 27.75 7.55
Jefferson County...................... ........................ 1.63 16.66 7.23
St. Charles County.................... ........................ 3.34 25.04 2.82
St. Louis County...................... ........................ 3.5 16.74 17.68
St. Louis City........................ ........................ 3.59 4.49 7.36
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Totals *.......................... ........................ 14.58 90.69 42.65
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Franklin County....................... Area Sources............ 3.36 0.49 3.03
Jefferson County...................... ........................ 7.48 0.62 8.14
St. Charles County.................... ........................ 11.21 0.68 1.35
St. Louis County...................... ........................ 38.68 2.65 4.72
St. Louis City........................ ........................ 12.04 1.16 1.76
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Totals *.......................... ........................ 72.77 5.6 19.01
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Franklin County....................... Onroad Mobile Sources... 2.40 7.83 21.18
Jefferson County...................... ........................ 4.24 12.45 34.91
St. Charles County.................... ........................ 6.73 21.04 56.63
St. Louis County...................... ........................ 20.17 66.34 176.34
St. Louis City........................ ........................ 4.46 16.55 42.14
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Totals *.......................... ........................ 38.00 124.20 331.20
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Franklin County....................... Nonroad Sources......... 3.31 5.72 18.55
Jefferson County...................... ........................ 3.12 3.33 28.68
St. Charles County.................... ........................ 6.23 8.34 62.81
St. Louis County...................... ........................ 22.99 23.85 315.24
St. Louis City........................ ........................ 3.38 6.31 48.14
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Totals *.......................... ........................ 39.03 47.55 473.42
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Grand Total *................. ........................ 164.38 268.04 866.28
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Note: Figures may not total exactly due to rounding.
Table 2--2011 Wildfire and Biogenic Emissions Inventory Summary for the Missouri Portion of the Nonattainment
Areas
[Tons/ozone season day]
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County name Source category VOC NOX CO
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Franklin County....................... Wild Fires (Event)...... 0.09 0.00 0.40
Jefferson County...................... ........................ 0.07 0.00 0.28
St. Charles County.................... ........................ 0.00 0.00 0.01
St. Louis County...................... ........................ 0.00 0.00 0.01
St. Louis City........................ ........................ 0.00 0.00 0.00
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Totals *.......................... ........................ 0.16 0.01 0.69
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Franklin County....................... Biogenic Sources........ 126.84 1.09 11.58
Jefferson County...................... ........................ 104.17 0.51 9.29
St. Charles County.................... ........................ 65.94 1.05 7.09
St. Louis County...................... ........................ 60.84 0.68 5.55
St. Louis City........................ ........................ 10.93 0.13 1.03
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Totals *.......................... ........................ 368.71 3.47 34.55
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* Note: Figures may not total exactly due to rounding.
Missouri's inventory contains point sources, nonpoint, onroad
mobile, and nonroad sources. The state developed the point source
emissions inventory using actual emissions directly reported by
electric generating unit (EGU) and non EGU sources in the area. Point
sources are large, stationary, identifiable sources of emissions that
release pollutants into the atmosphere. The point source emissions
inventory for Missouri's portion of the St. Louis area was developed
using facility-specific emissions data, and is included in the docket
for this action.
Nonpoint sources are small emission stationary sources which due to
their large number, collectively have significant emissions. Emissions
from these sources were estimated by
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multiplying an emission factor by some known indicator of collective
activity for each source category at the county level. Non-road mobile
sources include vehicles, engines, and equipment used for construction,
agriculture, recreation, and other purposes that do not use roadways.
Missouri calculated emissions for its nonroad mobile sources using
EPA's NONROAD2008a model. NONROAD2008a estimates fuel consumption and
emissions for all nonroad mobile source categories except for aircraft,
commercial marine vessels, and railroad locomotives. Onroad mobile
sources include vehicles used on roads for transportation of passengers
or freight. Missouri developed its inventory using the EPA's highway
mobile source emissions model MOVES 2010a.
Biogenic emissions sources are emissions that come from natural
sources. The biogenic source emissions were extracted from the EPA's
2011 National Emissions Inventory (NEI) for the counties located in the
nonattainment area. A detailed account of biogenic source emissions by
county can be found in appendix A of the state's submission.
For the reasons discussed above, EPA has determined that Missouri's
emissions inventory is complete, accurate, and comprehensive and meets
the requirements under CAA section 182(a)(1) and the SIP Requirements
Rule for the 2008 ozone NAAQs.
B. Emissions Statement
Pursuant to section 182(a)(3)(B), states with Marginal ozone
nonattainment areas must require annual emission statements from owners
or operators of each NOX and VOC stationary source within
the nonattainment area. Missouri regulation 10 CSR 10-6.110 Reporting
Emission Data, Emission Fees, and Process Information requires
permitted sources to file an annual report on air pollutant emissions
to include emission data, process information, and annual emissions
fees. The full emissions report identifying actual NOX and
VOC emissions is due April 1 after each reporting year. However, if the
full emissions report is filed electronically via Missouri's Emissions
Inventory System (MoEIS), this due date is extended to May 1. EPA has
reviewed the regulation and determined that it meets the requirements
of section 182(a)(3)(B) of the CAA, and in addition EPA has approved
this regulation into the SIP.
III. Final Action
EPA is approving the SIP revision submitted by Missouri on
September 9, 2014, addressing the base year emissions inventory and
emissions statement requirements for their portion of the St. Louis
area. EPA has concluded that the state's submission meets the
requirements of sections 110 and 182 of the CAA. We are publishing this
direct final 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 the 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.
IV. 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 Clean Air Act. 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 CAA; 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 April 25, 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).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 17, 2016.
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.
Subpart AA--Missouri
0
2. In Sec. 52.1320, the table in paragraph (e) is amended by adding
entry (69) 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 area or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(69) Marginal Plan for the Statewide.......... 9/9/14 2/25/16 [Insert EPA-R07-OAR-2015-04
Missouri Portion of the St. Federal Register 38; 9942-76-Region
Louis Ozone Nonattainment Area citation]. 7.
for the 2008 NAAQS.
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[FR Doc. 2016-03901 Filed 2-24-16; 8:45 am]
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