43598 Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations 

Lower Grand River, mile 47.0 (Alternate 

Route) at Grosse Tete, Iberville Parish, 

Louisiana. This deviation allows the 

Louisiana Department of Transportation 

and Development to maintain the bridge 

in the closed-to-navigation position 

from 7 a.m. until 5 p.m. on Wednesday, 

July 20, 2011. At all others times, the 

bridge will operate normally for the 

passage of vessels. This temporary 

deviation was issued to allow for the 

repairs to the main girder of the bridge. 

DATES: This deviation is effective from 

7 a.m. through 5 p.m. on Wednesday 

July 20, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0630 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0252 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail David Frank, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

David.M.Frank@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The LA 77 

bridge across the Lower Grand River, 

mile 47.0 (Alternate Route) at Grosse 

Tete, Iberville Parish, Louisiana, has a 

vertical clearance of 2 feet above high 

water in the closed-to-navigation 

position and unlimited clearance in the 

open-to-navigation position. Navigation 

on the waterway consists mainly of tows 

with barges and some recreational craft. 

Coastal Bridge Company, on behalf of 

the Louisiana Department of 

Transportation and Development 

requested a temporary deviation from 

the normal operation of the bridge in 

order to effect repairs to the bridge. 

This deviation allows the draw of the 

LA 77 swing drawbridge across the 

Lower Grand River, mile 47.0 (Alternate 

Route), at Grosse Tete, Iberville Parish, 

Louisiana, to remain in the closed-tonavigation position from 7 a.m. until 5 

p.m. on Wednesday, July 20, 2011. 

Presently, the draw of the LA 77 bridge, 

mile 47.0 (Alternate Route) at Grosse 

Tete, shall open on signal; except that, 

from about August 15 to about June 5 

(the school year), the draw need not be 

opened from 6 a.m. to 8 a.m. and from 

2:30 p.m. to 4:30 p.m., Monday through 

Friday except Federal holidays. The 

draw shall open on signal at any time 

for an emergency aboard a vessel. 

The closure is necessary in order to 

install angles on the main girder and 

weld a crack on the bridge. The 

contractor has indicated that they may 

be able to operate the bridge during the 

closure and may be able to move their 

equipment out of the channel but the 

movement of the equipment may 

require several hours to complete 

immediate work and move equipment. 

This maintenance is essential for the 

continued operation of the bridge. 

Notices will be published in the Eighth 

Coast Guard District Local Notice to 

Mariners and will be broadcast via the 

Coast Guard Broadcast Notice to 

Mariners System. 

No alternate routes are available for 

the passage of vessels; however, the 

closure was coordinated with waterway 

interests who have indicated that they 

will be able to adjust their operations 

around the proposed work schedule. 

Due to prior experience and 

coordination with waterway users, it 

has been determined that this closure 

will not have a significant effect on 

vessels that use the waterway. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: June 28, 2011. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2011–18223 Filed 7–20–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0451; FRL–9440–9] 

Approval and Promulgation of Air 

Quality Plans: State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving an April 20, 

2011, request from the State of Missouri 

to exempt sources of Nitrogen Oxides 

(NOX) in the Missouri portion of the St. 

Louis (MO–IL) metropolitan 8-hour 

ozone nonattainment area from the 

Clean Air Act (CAA) requirements for 

NOX Reasonably Available Control 

Technology (RACT) for purposes of 

attaining the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). The Missouri NOX RACT 

waiver request for its portion of the St. 

Louis metropolitan 8-hour ozone 

nonattainment area is based on the most 

recent three years of complete, qualityassured ozone monitoring data, which 

demonstrate that additional reductions 

of NOX emissions in the Area would not 

contribute to attainment of the 1997 8- 

hour ozone NAAQS. 

DATES: This direct final rule will be 

effective September 19, 2011 without 

further notice unless EPA receives 

adverse comments by August 22, 2011. 

If adverse comments are 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. 

ADDRESSES: Submit your comments 

identified by Docket ID No. EPA–R07– 

OAR–2011–0451, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: kemp.lachala@epa.gov. 

3. Mail or Hand Delivery or Courier: 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2011– 

0451. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 


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Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations 43599 

1EPA previously approved Missouri’s NOX RACT 

rules submitted to meet its obligations under the 1- 

hour ozone standard. See, 65 FR 31482, May 18, 

2000. Today’s action does not affect these State 

Implementation Plan (SIP)-approved rules, which 

remain in effect. This action relates only to 

Missouri’s obligations with respect to NOX RACT 

related to the 1997 8-hour ozone standard. 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket. All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 901 N. 5th Street, Kansas City, 

Kansas 66101 at 913–551–7214, or by 

e-mail at kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following questions: 

Table of Contents 

I. What action is EPA taking? 

II. State Petition 

III. EPA Review of the Petition 

A. Has this ozone nonattainment area 

attained the 1997 8-hour ozone NAAQS? 

B. EPA’s Analysis of Missouri’s NOX RACT 

Waiver Petition 

IV. What is the effect of this action? 

V. EPA’s Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving an April 20, 2011, 

request from the State of Missouri to 

exempt sources of NOX in the Missouri 

portion of the St. Louis (MO-IL) 

metropolitan 8-hour ozone 

nonattainment area from the CAA 

requirements for NOX RACT for 

purposes of attaining the 1997 8-hour 

ozone NAAQS.1 The St. Louis (MO-IL) 

metropolitan 8-hour ozone 

nonattainment (hereafter referred to as 

the ‘‘St. Louis Area’’ or ‘‘Area’’) includes 

the counties of Franklin, Jefferson, St. 

Charles, and St. Louis as well as St. 

Louis City in Missouri; and the counties 

of Madison, Monroe, St. Clair, and 

Jersey in Illinois. The State’s NOX RACT 

waiver request is based on the most 

recent three years of complete, qualityassured ozone monitoring data, which 

demonstrate that additional reduction of 

NOX emissions in the Missouri portion 

of the St. Louis ozone nonattainment 

area would not contribute to attainment 

of the 1997 8-hour ozone NAAQS in this 

ozone nonattainment areas. See 76 FR 

33647 (June 9, 2011) for more 

information about this monitoring data. 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial action and anticipate 

no relevant adverse comments. EPA 

notes that the technical basis for this 

rule was its previous final 

determination on June 9, 2011 (76 FR 

33647) that the St. Louis (MO-IL) 

metropolitan 1997 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone NAAQS. EPA 

received no comments during that 

particular rulemaking. However, in the 

proposed rules section of this Federal 

Register publication, we are publishing 

a separate document that will serve as 

the proposal to approve the SIP revision 

if relevant adverse comments are 

received. This rule will be effective on 

September 19, 2011 without further 

notice unless EPA receives adverse 

comments by August 22, 2011. If we 

receive relevant adverse comments, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

II. State Petition 

On April 20, 2011, Missouri 

Department of Natural Resources 

(MDNR) submitted a request for a NOX

RACT waiver for the St. Louis 

metropolitan ozone nonattainment area. 

This NOX RACT waiver was requested 

for the 1997 8-hour ozone NAAQS. 

MDNR based its NOX RACT waiver 

request on quality-assured ozone air 

quality data for 2008–2010, which 

demonstrate that the 1997 8-hour ozone 

NAAQS has been attained in the St. 

Louis (MO-IL) metropolitan area 

without the implementation of 

additional NOX RACT controls in the 

Missouri portion of the area. 

III. EPA Review of the Petition 

A. Has this ozone nonattainment area 

attained the 1997 8-hour ozone 

NAAQS? 

An area may be considered in 

attainment with the 1997 8-hour ozone 

NAAQS if there are no violations of the 

NAAQS, as determined in accordance 

with 40 CFR 50.10 and appendix I, 

based on the most recent three years of 

complete, quality-assured air quality 

monitoring data. To attain this standard, 

the average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentrations are measured and 

recorded at each monitoring site over 

the most recent 3-year period (the 

monitoring site’s ozone design value) 

must not exceed the ozone standard. 

Based on an ozone data rounding 

convention described in 40 CFR part 50, 

appendix I, the 1997 8-hour ozone 

standard is attained if the area’s ozone 

design value is 0.084 parts per million 

(ppm) or less. The data must be 

collected and quality-assured in 

accordance with 40 CFR part 58, and 

must be recorded in EPA’s Air Quality 

System. The monitoring network 

collecting the data must meet the 

applicable requirements of 40 CFR part 

58. The data supporting attainment of 

the standard must meet the minimum 

data completeness requirements in 40 

CFR part 50, appendix I. 

The monitors and design values are 

displayed in Table 1. The table 

summarizes the annual fourth-highest 

daily maximum 8-hour ozone 

concentrations and their 3-year (2008– 

2010) averages for all monitors in the St. 

Louis (MO-IL) metropolitan area. These 

data reflect peak ozone concentrations 

quality assured and reported by the 

States of Illinois and Missouri. 


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43600 Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations 

2 In today’s action, EPA is not reopening its final 

determination of attainment described in the June 

9, 2011 final rule, but is merely explaining the 

technical basis for our conclusion that a NOX

emission control exemption is appropriate for the 

area based on the area’s attainment of the ozone 

NAAQS. 

3Steven D. Page, Director, Office of Air Quality 

Planning and Standards, ‘‘Guidance on Limiting 

Nitrogen Oxides (NOX) Requirements Related to 8- 

Hour Ozone Implementation,’’ Memorandum to 

EPA Air Directors, Regions I–X, January 14, 2005 

(found at: http://www.epa.gov/ttn/oarpg/t1/ 

memoranda/guide8hr-oz.pdf). 

4 Id. at 21. 

5 Id. at 21–22. 

TABLE 1—ANNUAL FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGES IN PPM

FOR THE ST. LOUIS (MO-IL) AREA

State County Monitor 2008 4th 

high (ppm) 

2009 4th 

high (ppm) 

2010 4th 

high (ppm) 

2008–2010 

average 

(ppm) 

Illinois .................. Jersey ................ Jerseyville, 17–083–1001 .............. 0.069 0.068 0.072 0.069 

Madison ............. Alton, 17–119–0008 ....................... 0.068 0.067 0.080 0.071 

Maryville, 17–119–1009 ................. 0.070 0.074 0.074 0.072 

Wood River, 17–119–3007 ............ 0.067 0.066 0.070 0.067 

St. Clair .............. East St. Louis, 17–163–0010 ........ 0.064 0.069 0.072 0.068 

Missouri ............... Jefferson ............ Arnold West, 29–099–00019 ......... 0.70 0.070 0.077 0.072 

St. Charles ......... Orchard Farm, 29–183–1004 ........ 0.072 0.073 0.077 0.074 

West Alton, 29–183–1002 ............. 0.076 0.071 0.084 0.077 

St. Louis ............. Maryland Heights, 29–189–0014 ... 0.069 0.070 0.076 0.071 

Pacific, 29–189–0005 .................... 0.064 0.064 0.069 0.065 

St. Louis City ..... Blair Street, 29–510–0085 ............. 0.073 0.065 0.071 0.069 

Review of the 2008–2010 ozone 

concentrations and site-specific ozone 

design values (3-year averages) shows 

that all of the monitoring sites were 

attaining the 1997 8-hour ozone NAAQS 

during this period. Therefore, based on 

the most recent three years of complete, 

quality assured ozone monitoring data, 

the 1997 8-hour ozone standard has 

been attained in the area. Review of 

preliminary data from the 2011 ozone 

season indicates that the area continues 

to attain the 8-hour ozone NAAQS. See 

76 FR 33647.2

B. EPA’s Analysis of Missouri’s NOX

RACT Waiver Petition 

EPA’s guidance document, ‘‘Guidance 

on Limiting Nitrogen Oxides (NOX) 

Requirements Related to 8-Hour Ozone 

Implementation,’’ sets forth the criteria 

for demonstrating that further NOX

emission reductions in an ozone 

nonattainment area will not contribute 

to ozone NAAQS attainment.3 The 

guidance provides that three 

consecutive years of monitoring data 

documenting ozone levels attaining the 

ozone NAAQS in areas in which a state 

has not implemented certain NOX

emission controls is adequate to 

demonstrate that the additional NOX

emission reductions will not aid in 

achieving attainment of the ozone 

NAAQS. As described in the guidance 

document, approval of the NOX

emission control exemption is granted 

by EPA on a contingent basis. The NOX

emission control exemption continues 

only as long as the state’s monitoring 

data continues to demonstrate 

attainment of the ozone NAAQS.4 If, 

prior to redesignation of the area to 

attainment of the ozone NAAQS, the 

area violates the 1997 8-hour ozone 

NAAQS, as defined at 40 CFR 50.10 and 

appendix I, EPA will undertake 

rulemaking to withdraw the NOX

emission control exemption, and the 

area would once again be subject to the 

NOX emission control requirements 

under section 182(f) of the CAA.5

EPA’s review of the ozone monitoring 

data and Missouri’s NOX emission 

control exemption request shows that 

Missouri has complied with the 

requirements for a NOX RACT 

exemption in the State’s 8-hour ozone 

nonattainment area under section 182(f) 

of the CAA consistent with the 

guidelines contained in EPA’s January 

14, 2005, guidance document. 

Therefore, EPA has determined that the 

State of Missouri qualifies for 

exemption from the NOX RACT 

requirements for the Missouri portion of 

the St. Louis (MO-IL) metropolitan 

ozone nonattainment area for the 

purposes of attaining the 1997 8-hour 

ozone NAAQS. 

IV. What is the effect of this action? 

The section 182(f) NOX RACT 

exemption is based on a finding by EPA 

that additional reductions of NOX

would not contribute to attainment of 

the 1997 8-hour ozone NAAQS in the 

St. Louis (MO-IL) metropolitan 

nonattainment area. The Area has three 

consecutive years of ozone levels 

attaining the ozone standard, and 

preliminary 2011 ozone data show that 

the 1997 8-hour ozone standard 

continues to be attained in the area. 

While EPA is waiving the 

requirements to control NOX emissions 

through additional NOX RACT controls 

in the Missouri portion of the St. Louis 

nonattaiment area, EPA recognizes that 

there are other benefits to controlling 

NOX emissions. These benefits include 

reducing acid deposition, reducing 

nitrogen deposition in sensitive 

wetlands, estuaries, and their 

watersheds, and mitigating ozone 

transport to downwind ozone 

nonattainment areas. Missouri will 

continue to be required to control NOX

emissions from certain NOX sources 

under other CAA programs, such as the 

Acid Rain program in title IV of the 

CAA, for purposes of achieving these 

environmental benefits. This NOX RACT 

waiver will not affect other existing and 

pending NOX emission control 

requirements for Missouri that are 

needed to achieve these environmental 

benefits. In addition, as noted above, 

this action does not affect the NOX

RACT controls in the St. Louis area 

previously approved by EPA relating to 

the 1-hour ozone standard. 

In addition, EPA notes that an 

approval of this waiver request is solely 

for purposes of the CAA requirements to 

meet the 1997 8-hour ozone NAAQS. 

The waiver would not apply for 

purposes of the ozone NAAQS 

promulgated in 2008 (March 27, 2008, 

73 FR 16435) or for purposes of any 

future ozone NAAQS EPA may 

promulgate. To the extent that section 

182(f) may apply to the St. Louis area 

for purposes of the 2008 or any future 

ozone NAAQS, the State would need to 

submit a NOX RACT SIP or would need 

to demonstrate that a waiver is 

appropriate for purposes of that 

different ozone NAAQS. 

V. EPA’s Action 

EPA is approving Missouri’s request 

to exempt the Missouri portion of the St. 

Louis 8-hour ozone nonattainment area 


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Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations 43601 

from the section 182(f) NOX RACT 

requirement. This approval is based on 

EPA’s review of the data showing that 

the requirements of section 182(f)(1)(A), 

as elaborated upon in EPA’s guidance 

for section 182(f) exemptions, have been 

met for the St. Louis (MO–IL) 

metropolitan ozone nonattainment area. 

If EPA subsequently determines through 

notice-and-comment rulemaking that 

the Area has violated the 1997 8-hour 

ozone standard, the basis for this 

exemption would no longer exist, and 

the area would thereafter have to 

address the pertinent requirements. 

VI. Statutory and Executive Order 

Reviews 

In reviewing a request from the State 

to exempt sources of NOX in the 

Missouri portion of the St. Louis (MO– 

IL) metropolitan 8-hour ozone 

nonattainment area from the CAA 

requirements for NOX RACT for 

purposes of attaining the 1997 8-hour 

ozone NAAQS, EPA’s role is to approve 

state choices, provided they meet the 

criteria of the CAA. Accordingly, this 

action does not impose additional 

requirements beyond those imposed by 

state law. Therefore, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

In addition, this exemption does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 in 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 16, 2009. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 12, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

40 CFR part 52 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 AA—Missouri 

■ 2. Section 52.1342 is revised to read 

as follows: 

§ 52.1342 Control strategy: Ozone. 

(a) Determination of attainment. EPA 

has determined, as of June 9, 2011, that 

the St. Louis (MO-IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 Ozone NAAQS. 

(b) Approval. EPA is approving an 

April 20, 2011, request from the State of 

Missouri for a waiver from the Clean Air 

Act requirement for Oxides of Nitrogen 

(NOX) Reasonably Available Control 

Technology (RACT) in the Missouri 

portion of the St. Louis (MO-IL) 

metropolitan 8-hour ozone 

nonattainment area for purposes of 

attaining the 1997 8-hour ozone 

National Ambient Air Quality Standard. 

[FR Doc. 2011–18176 Filed 7–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1203] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 


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