29486 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Proposed Rules 

these commitment letters are consistent 

with CAA requirements regarding 

conditional approval at CAA section 

110(k)(4). 

The intended effect of our proposed 

conditional approval action is to update 

the applicable SIP with current 

SDAPCD rules and provide the SDAPCD 

the opportunity to correct the identified 

deficiencies. If we finalize this action as 

proposed, our action would be codified 

through revisions to 40 CFR 52.220 

(Identification of plan—in part) and 40 

CFR 52.248 (Identification of plan— 

conditional approval). 

If the State meets its commitment to 

submit the required measures and the 

EPA approves the submission, then the 

deficiencies listed above will be cured. 

However, if the District fails to submit 

these revisions within the required 

timeframe, the conditional approval will 

become a disapproval, and the EPA will 

issue a finding of disapproval. The EPA 

is not required to propose the finding of 

disapproval. Further, a finding of 

disapproval would start an 18-month 

clock to apply sanctions under CAA 

section 179(b) and a two-year clock for 

a federal implementation plan under 

CAA section 110(c)(1). 

We will accept comments from the 

public on this proposal until July 25, 

2018. 

III. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the SDAPCD 

rules described in Table 1 of this 

preamble. The EPA has made, and will 

continue to make, these materials 

available through www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the EPA 

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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the 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 Clean Air Act; 

and 

• Does not provide the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 4, 2018. 

Michael Stoker, 

Regional Administrator, Region IX. 

[FR Doc. 2018–13348 Filed 6–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2017–0349; FRL–9979– 

84—Region 7] 

Approval of Missouri Air Quality 

Implementation Plans; Redesignation 

of the Missouri Portion of the St. 

Louis-St. Charles-Farmington, MO-IL 

2008 Ozone Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

request from the Missouri Department of 

Natural Resources (MDNR) to 

redesignate the Missouri portion of the 

St. Louis-St. Charles-Farmington, MO-IL 

nonattainment area (‘‘St. Louis area’’ or 

‘‘area’’) to attainment for the 2008 ozone 

National Ambient Air Quality Standard 

(NAAQS). MDNR submitted this request 

on September 12, 2016, with a 

supplemental submission on February 

16, 2018, to include a revised motor 

vehicle emissions budget. EPA is 

proposing this action because the 

request meets the statutory requirements 

for redesignation under the Clean Air 

Act (CAA). As part of this action, EPA 

is also proposing to approve, as a 

revision to the Missouri State 

Implementation Plan (SIP), the state’s 

plan for maintaining the 2008 8-hour 

ozone NAAQS through 2030. Finally, 

EPA finds adequate and is proposing to 

approve, as a SIP revision, the State’s 

2030 volatile organic compound (VOC) 

and oxides of nitrogen (NOX) Motor 

Vehicle Emission Budgets (MVEBs) for 

the Missouri portion of the St. Louis 

area. EPA addressed the Illinois portion 

of the St. Louis area in a separate 

rulemaking action on March 1, 2018. 83 

FR 8756. 

DATES: Comments must be received on 

or before July 25, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2017–0349, to https://

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 


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1This rule, titled ‘‘Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

State Implementation Plan Requirements,’’ 

published on March 6, 2015. 80 FR 12264. The rule 

addresses nonattainment area SIP requirements for 

the 2008 ozone NAAQS, including requirements 

pertaining to attainment demonstrations, reasonable 

further progress (RFP), reasonably available control 

technology (RACT), reasonably available control 

measures (RACM), new source review (NSR), 

emission inventories, and the timing requirements 

for SIP submissions and compliance with emission 

control measures in the SIP. This rule also 

addresses the revocation of the 1997 ozone NAAQS 

and the antibacksliding requirements that apply 

when the 1997 ozone NAAQS is revoked. 

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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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 

kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

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

provides additional information by 

addressing the following: 

Table of Contents 

I. What is being addressed in this document? 

II. Background Information 

III. What are the criteria for redesignation? 

IV. What is EPA’s analysis of Missouri’s 

redesignation request? 

A. Criteria (1)—The St. Louis Area Has 

Attained the 2008 8-Hour Ozone NAAQS 

B. Criteria (2)—Missouri Has a Fully 

Approved SIP Under Section 110(k) for 

the St. Louis Area; and Criteria (5) 

Missouri Has Met All Applicable 

Requirements for the St. Louis Area of 

Section 110 and Part D of the CAA 

C. Criteria (3)—The Air Quality 

Improvement in the St. Louis Area Is 

Due to Permanent and Enforceable 

Emission Reductions 

D. Criteria (4)—The Area Has a Fully 

Approvable Ozone Maintenance Plan 

Pursant to Section 175 of the CAA 

V. Has the State adopted approvable motor 

vehicle emission budgets? 

A. Motor Vehicle Emission Budgets 

B. What is the status of the EPA’s adequacy 

determination for the proposed VOC and 

NOX MVEBs for the St. Louis area? 

C. What is a safety margin? 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is proposing to approve MDNR’s 

request to change the designation of the 

Missouri portion of the St. Louis area 

from nonattainment to attainment for 

the 2008 ozone NAAQS, based on 

quality-assured and certified data 

monitoring data for 2013–2015, and that 

the Missouri portion of the St. Louis 

area has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. 

EPA is also proposing to approve the 

state’s maintenance plan as a revision to 

the Missouri SIP; the maintenance plan 

is designed to keep the Missouri portion 

of the St. Louis area in attainment of the 

2008 ozone NAAQS through 2030. 

Finally, EPA finds adequate and is 

proposing to approve into the SIP the 

newly-established 2030 MVEBs for the 

area. The adequacy comment period for 

the MVEBs began on April 10, 2018, 

with EPA’s posting of the availability of 

Missouri’s submittal on EPA’s 

Adequacy website (at https://

www.epa.gov/state-and-localtransportation/adequacy-review-stateimplementation-plan-sip-submissionsconformity). The adequacy comment 

period for these MVEBs ended on May 

10, 2018. EPA did not receive any 

adverse comments on this submittal 

during the adequacy comment period. 

In a letter dated May 15, 2018, EPA 

informed Missouri that the 2030 MVEBs 

are adequate for use in transportation 

conformity analyses. Please see section 

V.B. of this rulemaking, ‘‘What is the 

status of EPA’s adequacy determination 

for the proposed VOC and NOX MVEBs 

for the St. Louis area?’’ for further 

explanation of this process. 

II. Background Information 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On March 12, 2008, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR part 50, the 2008 

8-hour ozone NAAQS is attained when 

the three-year average of the annual 

fourth highest daily maximum 8-hour 

average concentration is equal to or less 

than 0.075 ppm at all of the ozone 

monitoring sites in the area. See 40 CFR 

50.15 and appendix P to 40 CFR part 50. 

Upon promulgation of a new or 

revised NAAQS, section 107(d)(1)(B) of 

the CAA requires EPA to designate as 

nonattainment any areas that are 

violating the NAAQS based on the most 

recent three years of quality assured 

ozone monitoring data. The St. Louis 

area was designated as a marginal 

nonattainment area for the 2008 ozone 

NAAQS on May 21, 2012 (77 FR 30088); 

the designation became effective on July 

20, 2012. 

In a final implementation rule for the 

2008 ozone NAAQS (SIP Requirements 

Rule),1 EPA established ozone standard 

attainment dates based on table 1 of 

CAA section 181(a). For the areas 

classified as marginal nonattainment, 

this established an attainment date three 

years after the July 20, 2012 effective 

date. 

CAA section 181(b)(2) requires EPA to 

determine, based on an area’s ozone 

design value as of the area’s attainment 

deadline, whether the area has attained 

the ozone standard by that date. The 

statute provides a mechanism by which 

states that meet certain criteria may 

request, and be granted by the 

Administrator, a one year extension of 

an area’s attainment deadline. On May 

4, 2016, based on EPA’s evaluation and 

determination that the areas met the 

criteria of CAA section 181(a)(5), EPA 

granted the St. Louis area a one year 

extension of the marginal area 

attainment date; the revised attainment 

date became July 20, 2016. 81 FR 26697. 

On June 27, 2016, in accordance with 

CAA section 181(b)(2)(A) and the 

provisions of the SIP Requirements 

Rule, EPA determined that the St. Louis 

area attained the 2008 8-hour ozone 

standard by its July 20, 2016, attainment 

date. 81 FR 41444. EPA’s determination 

was based upon three years of complete, 

quality assured and certified data for the 

2013–2015 time period. 

On September 12, 2016, with a 

supplemental revision on February 16, 

2018, Missouri submitted to EPA a 

request to redesignate the Missouri 

portion of the St. Louis area, to 

attainment for the 2008 ozone NAAQS, 

and to approve the maintenance plan for 

that area, including the 2030 MVEBs, as 

a revision to the SIP. 

III. What are the criteria for 

redesignation? 

Section 107(d)(3)(E) of the CAA 

allows redesignation of a nonattainment 

area to attainment of the NAAQS 

provided that: (1) The Administrator 

determines that the area has attained the 

NAAQS; (2) the Administrator has fully 

approved the applicable 

implementation plan for the area under 

section 110(k) of the CAA; (3) the 


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2The ozone season is defined by state in 40 CFR 

58 appendix D. The ozone season for the St. Louis 

area runs from March–October. 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP, 

applicable Federal air pollutant control 

regulations, and other permanent and 

enforceable emission reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A of the CAA; and (5) the state 

containing the area has met all 

requirements applicable to the area for 

the purposes of redesignation under 

section 110 and part D of the CAA. 

On April 16, 1992, EPA provided 

guidance on redesignations in the 

General Preamble for the 

Implementation of Title I of the CAA 

Amendments of 1990 (57 FR 13498) and 

supplemented this guidance on April 

28, 1992 (57 FR 18070). EPA has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Ozone and Carbon Monoxide 

Design Value Calculations,’’ 

Memorandum from Bill Laxton, 

Director, Technical Support Division, 

June 18, 1990; 

2. ‘‘Maintenance Plans for 

Redesignation of Ozone and Carbon 

Monoxide Nonattainment Areas,’’ 

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs 

Branch, April 30, 1992; 

3. ‘‘Contingency Measures for Ozone 

and Carbon Monoxide (CO) 

Redesignations,’’ Memorandum from 

G.T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, June 1, 

1992; 

4. ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992 (the ‘‘Calcagni Memorandum’’); 

5. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (CAA) Deadlines,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; 

6. ‘‘Technical Support Documents 

(TSDs) for Redesignation of Ozone and 

Carbon Monoxide (CO) Nonattainment 

Areas,’’ Memorandum from G.T. Helms, 

Chief, Ozone/Carbon Monoxide 

Programs Branch, August 17, 1993; 

7. ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or After 

November 15, 1992,’’ Memorandum 

from Michael H. Shapiro, Acting 

Assistant Administrator for Air and 

Radiation, September 17, 1993; 

8. ‘‘Use of Actual Emissions in 

Maintenance Demonstrations for Ozone 

and CO Nonattainment Areas,’’ 

Memorandum from D. Kent Berry, 

Acting Director, Air Quality 

Management Division, November 30, 

1993; 

9. ‘‘Part D New Source Review (part 

D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994; 

and 

10. ‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’ 

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995. 

IV. What is EPA’s analysis of Missouri’s 

redesignation request? 

A. Criteria (1)—The St. Louis Area Has 

Attained the 2008-Hour Ozone NAAQS 

For redesignation of a nonattainment 

area to attainment, the CAA section 

107(d)(3)(E)(i) requires EPA to 

determine that the area has attained the 

applicable NAAQS. An area is attaining 

the 2008 ozone NAAQS if it meets the 

2008 ozone NAAQS, as determined in 

accordance with 40 CFR 50.15 and 

appendix P of part 50, based on three 

complete, consecutive calendar years of 

quality assured air quality data for all 

monitoring sites in the area. To attain 

the NAAQS, the three-year average of 

the annual fourth-highest daily 

maximum 8-hour average ozone 

concentrations (ozone design values) at 

each monitor must not exceed 0.075 

ppm. The air quality data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in EPA’s Air Quality System 

(AQS). Ambient air quality monitoring 

data for the three year period must also 

meet data completeness requirements. 

An ozone design value is valid if daily 

maximum 8-hour average 

concentrations are available for at least 

90 percent of the days within the ozone 

monitoring seasons,2 on average, for the 

three-year period, with a minimum data 

completeness of 75 percent during the 

ozone monitoring season of any year 

during the three year period. See section 

2.3 of appendix P to 40 CFR part 50. 

On June 27, 2016, in accordance with 

CAA section 181(b)(2)(A) and the 

provisions of the SIP Requirements 

Rule, EPA determined that the St. Louis 

area attained the 2008 ozone NAAQS by 

its July 20, 2016, attainment date. See 81 

FR 41444. EPA’s determination was 

based upon three years of complete, 

quality assured and certified data that 

had been recorded in AQS for the 2013– 

2015 time period. The data 

demonstrated that the St. Louis area is 

attaining the 2008 ozone NAAQS. The 

annual fourth-highest 8-hour ozone 

concentrations and the three-year 

average of these concentrations 

(monitoring site ozone design values) 

for each monitoring site are summarized 

in table 1. 

TABLE 1—ANNUAL 4TH HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGES FOR THE

ST. LOUIS-ST. CHARLES-FARMINGTON, MO-IL AREA

County Monitoring site name 

4th Highest values 2013–2015 

Design value 

(ppm) 2013 

(ppm) 

2014 

(ppm) 

2015 

(ppm) 

St. Charles, MO ................................ Orchard Farm ................................... 0.071 0.072 0.066 0.069 

St. Charles, MO ................................ West Alton ........................................ 0.071 0.072 0.070 0.071 

St. Louis City, MO ............................. Blair Street ....................................... 0.066 0.066 0.063 0.065 

St. Louis, MO .................................... Maryland Heights ............................. 0.070 0.072 0.069 0.070 

St. Louis, MO .................................... Pacific ............................................... 0.067 0.065 0.065 0.065 

Jefferson, MO ................................... Arnold West ...................................... 0.069 0.072 0.069 0.070 

Madison, IL ....................................... Alhambra .......................................... 0.071 0.068 0.067 0.068 


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3The ozone design value for the monitor with the 

highest three-year averaged concentration. 

4See section 175A(c) of the CAA. See September 

4, 1992 Calcagni Memorandum. See Sierra Club v. 

EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 

25418 (May 12, 2003, pages 68 FR 25424 and 68 

FR 25427) (redesignation of the St. Louis/East St. 

Louis area to attainment of the 1-hour ozone 

NAAQS). See also the September 17, 1993, Michael 

Shapiro memorandum and 60 FR 12459, 60 FR 

12465–60 FR 12466 (March 7, 1995) (redesignation 

of Detroit Ann Arbor, Michigan to attainment of the 

1-hour ozone NAAQS). 

5Nitrogen oxides (NOX) are precursor pollutants 

to ozone formation. On October 27, 1992 (63 FR 

57356), EPA issued a NOX SIP call requiring 22 

states and the District of Columbia to reduce 

emissions of NOX in order to reduce the transport 

of ozone and ozone precursors. 6See 65 FR 37890 (June 15, 2000), 66 FR 50399 

(October 19, 2001), 68 FR 25418, 68 FR 25426–27 

(May 13, 2003). 7See Reading, Pennsylvania proposed and final 

rulemakings, 61 FR 53174–61 FR 53176 (October 

10, 1996) and 62 FR 24826 (May 7, 1997); 

Cleveland-Akron-Loraine, Ohio final rulemaking, 

61 FR 20458 (May 7, 1996); and Tampa, Florida 

final rulemaking, 60 FR 62748 (December 7, 1995). 

See also the discussion of this issue in the 

Cincinnati, Ohio ozone redesignation (65 FR 37890, 

Continued 

TABLE 1—ANNUAL 4TH HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGES FOR THE

ST. LOUIS-ST. CHARLES-FARMINGTON, MO-IL AREA—Continued 

County Monitoring site name 

4th Highest values 2013–2015 

Design value 

(ppm) 2013 

(ppm) 

2014 

(ppm) 

2015 

(ppm) 

Madison, IL ....................................... Alton ................................................. 0.072 0.072 0.069 0.071

Madison, IL ....................................... Maryville ........................................... 0.075 0.070 0.064 0.069 

Madison, IL ....................................... Wood River ...................................... 0.069 0.070 0.069 0.069 

St. Clair, IL ........................................ East St. Louis ................................... 0.066 0.067 0.066 0.066 

The most recent certified, quality 

assured data for 2017 indicates that the 

area continues to attain the 2008 ozone 

NAAQS. If the design value of a 

monitoring site in the area exceeds the 

NAAQS after proposal, but before final 

approval of the redesignation, EPA will 

not take final action to approve the 

redesignation of the St. Louis area to 

attainment. 

The three-year ozone design value for 

2013–2015 is 0.071 ppm,3 which meets 

the 2008 ozone NAAQS. Therefore, in 

this action, EPA proposes to determine 

that the St. Louis area is attaining the 

2008 ozone NAAQS. 

B. Criteria (2)—Missouri Has a Fully 

Approved SIP Under Section 110(k) for 

the St. Louis Area; and Criteria (5)— 

Missouri Has Met All Applicable 

Requirements for the St. Louis Area of 

Section 110 and Part D of the CAA 

As criteria for redesignation of an area 

from nonattainment to attainment of a 

NAAQS, the CAA requires EPA to 

determine that the state has met all 

applicable requirements under CAA 

section 110 and part D of title I of the 

CAA (see section 107(d)(3)(E)(v) of the 

CAA) and that the state has a fully 

approved SIP under CAA section 110(k) 

(see section 107(d)(3)(E)(ii) of the CAA). 

EPA proposes to find that Missouri has 

met all currently applicable SIP 

requirements for purposes of 

redesignation of the St. Louis area to 

attainment of the 2008 ozone standard 

under section 110 and part D of the 

CAA in accordance with section 

107(d)(2)(E)(v). In making these 

proposed determinations, EPA 

ascertained which CAA requirements 

are applicable to the St. Louis area and 

the Missouri SIP and, if applicable, 

whether the required Missouri SIP 

elements are fully approved under 

section 110(k) and part D of the CAA. 

As discussed more fully below, SIPs 

must be fully approved only with 

respect to currently applicable 

requirements of the CAA.4

1. Missouri Has Met All Applicable 

Requirements of Section 110 and Part D 

of the CAA Applicable to the Missouri 

Portion of the St. Louis Area for 

Purposes of Redesignation 

General SIP Requirements. Section 

110(a)(2) of the CAA delineates the 

general requirements for a SIP. Section 

110(a)(2) provides that the SIP must 

have been adopted by the state after 

reasonable public notice and hearing, 

and that, among other things, it must: 

(1) Include enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; (2) 

provide for establishment and operation 

of appropriate devices, methods, 

systems, and procedures necessary to 

monitor ambient air quality; (3) provide 

for implementation of a source permit 

program to regulate the modification 

and construction of stationary sources 

within the areas covered by the plan; (4) 

include provisions for the 

implementation of part C prevention of 

significant deterioration (PSD) and part 

D new source review (NSR) permit 

programs; (5) include provisions for 

stationary source emission control 

measures, monitoring, and reporting; (6) 

include provisions for air quality 

modeling; and, (7) provide for public 

and local agency participation in 

planning and emission control rule 

development. 

Section 110(a)(2)(D) of the CAA 

requires SIPs to contain measures to 

prevent sources in a state from 

significantly contributing to air quality 

problems in another state. To 

implement this provision, EPA has 

required certain states to establish 

programs to address transport of certain 

air pollutants.5 However, like many of 

the 110(a)(2) requirements, the section 

110(a)(2)(D) SIP requirement is not 

linked with a particular area’s ozone 

designation and classification. EPA 

believes that the SIP requirements 

linked with the area’s ozone designation 

and classification are the relevant 

measures to evaluate when reviewing a 

redesignation request for the area. The 

section 110(a)(2)(D) requirements, 

where applicable, continue to apply to 

a state regardless of the designation of 

any one particular area within the state. 

Thus, EPA does not believe these 

requirements should be construed to be 

applicable requirements for the 

purposes of redesignation.6

In addition, EPA believes that other 

section 110 elements are neither 

connected with nonattainment plan 

submissions, nor linked with an area’s 

ozone attainment status and are not 

applicable requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated to attainment for 

the 2008 ozone NAAQS. The section 

110 and part D requirements which are 

linked with a particular area’s 

designation and classification are the 

relevant measures to evaluate when 

reviewing a redesignation request. This 

approach is consistent with EPA’s 

existing policy on applicability (i.e., for 

redesignations) of conformity and 

oxygenated fuels requirements, as well 

as with section 184 ozone transport 

requirements.7 EPA has reviewed 


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June 19, 2000), and the Pittsburgh, Pennsylvania 

ozone redesignation (66 FR 50399, October 19, 

2001). 

8See 42 U.S.C. 7511a(a). 

9The ‘‘Marginal Area Plan for the Missouri 

Portion of the St. Louis Nonattainment Area for the 

2008 8-Hour Ground Level Ozone National Ambient 

Air Quality Standard’’ submitted by the state on 

September 9, 2014 noted that the state’s NSR 

program was approved by EPA and that no 

‘‘corrections’’ needed to be made in the SIP. This 

SIP revision was approved on February 25, 2016 (81 

FR 9346). 

10CAA section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from SIPs requiring 

the development of Motor Vehicle Emission 

Budgets (MVEBs), such as control strategy SIPs and 

maintenance plans. 

Missouri’s SIP revision and has 

concluded that it meets the general SIP 

requirements under section 110 of the 

CAA to the extent that those 

requirements are applicable for 

purposes of redesignation. On March 22, 

2018 (83 FR 12496), EPA approved 

elements of the SIP submitted by 

Missouri to meet the requirements of 

section 110 for the 2008 ozone standard. 

The requirements of section 110(a)(2), 

however, are statewide requirements 

that are not linked to the ozone 

nonattainment status of the St. Louis 

area. Therefore, EPA concludes that 

these infrastructure requirements are 

not applicable requirements for 

purposes of review of the state’s ozone 

redesignation request. 

Part D Requirements. Section 172(c) 

of the CAA sets forth the basic 

requirements of air quality plans for 

states with nonattainment areas that are 

required to submit them pursuant to 

section 172(b). Subpart 2 of part D, 

which includes section 182 of the CAA, 

establishes specific requirements for 

ozone nonattainment areas depending 

on the areas’ nonattainment 

classifications. 

The Missouri portion of the St. Louis 

area was classified as marginal under 

subpart 2 for the 2008 ozone NAAQS. 

As such, the area is subject to the 

subpart 1 requirements contained in 

section 172(c) and section 176. 

Similarly, the area is subject to the 

subpart 2 requirements contained in 

section 182(a) (marginal nonattainment 

area requirements). A thorough 

discussion of the requirements 

contained in section 172(c) and 182 can 

be found in the General Preamble for 

Implementation of title I (57 FR 13498). 

Subpart 1 Section 172 Requirements. 

As provided in subpart 2, for marginal 

ozone nonattainment areas such as the 

St. Louis area, the specific requirements 

of section 182(a) apply in lieu of the 

attainment planning requirements that 

would otherwise apply under section 

172(c), including the attainment 

demonstration and reasonably available 

control measures (RACM) under section 

172(c)(1), reasonable further progress 

(RFP) under section 172(c)(2), and 

contingency measures under section 

172(c)(9).8

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. This requirement is 

superseded by the inventory 

requirement in section 182(a)(1) 

discussed below. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA most recently 

approved Missouri’s NSR program on 

June 4, 2015 (80 FR 31844).9 EPA has 

determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a NSR program be approved prior 

to redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. A more 

detailed rationale for this view is 

described in the Nichols Memorandum. 

See also rulemakings for the Illinois 

portion of the St. Louis Area (77 FR 

34819, 77 FR 34826, June 12, 2012); 

Louisville, Kentucky (66 FR 53665, 66 

FR 53669, October 23, 2001); Grand 

Rapids, Michigan (61 FR 31831, 61 FR 

31834–61 FR 31837, June 21, 1996); 

Cleveland-Akron-Lorain, Ohio (61 FR 

20458, 61 FR 20469–61 FR 20470, May 

7, 1996); Detroit, Michigan (60 FR 

12459, 61 FR 12467–61 FR 12468, 

March 7, 1995). Missouri has 

demonstrated that the area will be able 

to maintain the standard without part D 

NSR in effect; therefore, EPA concludes 

that the state need not have a fully 

approved part D NSR program prior to 

approval of the redesignation request. 

Missouri’s PSD program will become 

effective in the area upon redesignation 

to attainment. 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the NAAQS. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, we 

believe the Missouri SIP meets the 

requirements of section 110(a)(2) for 

purposes of redesignation. 

Subpart 1 Section 176 Conformity 

Requirements. Section 176(c) of the 

CAA requires states to establish criteria 

and procedures to ensure that Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other Federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement and enforceability that EPA 

promulgated pursuant to its authority 

under the CAA. 

EPA interprets the conformity SIP 

requirements as not applying for 

purposes of evaluating a redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and Federal 

conformity rules apply where state 

conformity rules have not been 

approved.10 See Wall v. EPA, 265 F.3d 

426 (6th Cir. 2001) (upholding this 

interpretation); see also 60 FR 62748 

(December 7, 1995) (redesignation of 

Tampa, Florida). Nevertheless, Missouri 

has an approved conformity SIP for the 

St. Louis-St. Charles-Farmington, MO-IL 

area. See 78 FR 53247 (August 29, 

2013). 

Section 182(a) Requirements. Section 

182(a)(1) requires states to submit a 

comprehensive, accurate, and current 

inventory of actual emissions from 

sources of volatile organic compounds 

(VOCs) and nitrogen oxides (NOX)

emitted within the boundaries of the 

ozone nonattainment area. The state’s 

‘‘Marginal Area Plan for the Missouri 

Portion of the St. Louis Nonattainment 

Area for the 2008 8-Hour Ground Level 

Ozone National Ambient Air Quality 

Standard’’ submitted by the state on 

September 9, 2014, included a 2011 

base year emissions inventory for the 

Missouri portion of the St. Louis area. 

EPA approved this emissions inventory 

as a revision to the Missouri SIP on 

February 25, 2016 (81 FR 9346). 

Under section 182(a)(2)(A), states 

with ozone nonattainment areas that 

were designated before the enactment of 

the 1990 CAA amendments were 

required to submit, within six months of 

classification, all rules and corrections 

to existing VOC reasonably available 


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11See 65 FR 31482 (June 18, 2000) and 61 FR 

10968 (March 18, 1996). 

control technology (RACT) rules that 

were required under section 172(b)(3) 

before the 1990 CAA amendments. The 

St. Louis area is not subject to the 

section 182(a)(2) RACT ‘‘fix up’’ 

requirement for the 2008 ozone NAAQS 

because it was designated as 

nonattainment for this standard after the 

enactment of the 1990 CAA 

amendments and because Missouri 

complied with this requirement for the 

St. Louis area under the prior 1-hour 

ozone NAAQS.11

Section 182(a)(2)(B) requires each 

state with a marginal ozone 

nonattainment area that implemented or 

was required to implement a vehicle 

inspection and maintenance (I/M) 

program before the 1990 CAA 

amendments to submit a SIP revision for 

an I/M program no less stringent than 

that required prior to the 1990 CAA 

amendments or already in the SIP at the 

time of the CAA amendments, 

whichever is more stringent. For the 

purposes of the 2008 ozone standard 

and the consideration of Missouri’s 

redesignation request for this standard, 

the St. Louis area is not subject to the 

section 182(a)(2)(B) requirement 

because the St. Louis area was 

designated as nonattainment for the 

2008 ozone standard after the enactment 

of the 1990 CAA amendments. 

Regarding the source permitting and 

offset requirements of section 

182(a)(2)(C) and section 182(a)(4), as 

previously noted, Missouri currently 

has a fully-approved part D NSR 

program in place. The state’s ‘‘Marginal 

Area Plan for the Missouri Portion of the 

St. Louis Nonattainment Area for the 

2008 8-Hour Ground Level Ozone 

National Ambient Air Quality 

Standard’’ submitted in September 

2014, included an offset ratio. As noted 

in the September 2014 SIP revision, the 

requirement for emission offset 

reductions is part of Missouri’s NSR 

program and codified in the state’s 

regulations at 10 CSR 10–6.060(7)(B)1. 

The corresponding offset ratio for each 

ozone area classification (i.e. 1.1:1 for 

Marginal) is found in the Federal code 

at 40 CFR 51.165(a)(3)(9). Thus Missouri 

has satisfied the CAA section 182(a)(4) 

requirement for Marginal Area Plan 

submissions in establishing a Marginal 

Area emission offset reduction ratio of 

1.1:1 in its NSR program by SIPapproved rule consistent with the 

corresponding Federal code. EPA 

approved the September 2014 SIP 

revision on February 25, 2016 (81 FR 

9346). 

Section 182(a)(3) requires states to 

submit periodic emission inventories 

and a revision to the SIP to require the 

owners or operators of stationary 

sources to annually submit emission 

statements documenting actual VOC 

and NOX emissions. As discussed 

below, Missouri will continue to update 

its emissions inventory at least once 

every three years. With regard to 

stationary source emission statements, 

EPA last approved Missouri’s emission 

statement rule on March 19, 2015 (80 FR 

14312). In MDNR’s May 22, 2015 

submittal, Missouri stated that this 

approved SIP regulation remains in 

place and remains enforceable for the 

2008 ozone standard. The state’s 

‘‘Marginal Area Plan for the Missouri 

Portion of the St. Louis Nonattainment 

Area for the 2008 8-Hour Ground Level 

Ozone National Ambient Air Quality 

Standard’’ SIP revision submitted in 

September 2014, noted that SIP 

approved state 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 emissions data, process 

information, and annual emissions fees. 

EPA approved the September 2014 SIP 

revision on February 25, 2016 (81 FR 

9346). 

EPA is proposing to approve that the 

Missouri portion of the St. Louis area 

has satisfied all applicable requirements 

for purposes of redesignation under 

section 110 and part D of title I of the 

CAA. 

2. The St. Louis Area Has a Fully 

Approved SIP for Purposes of 

Redesignation Under Section 110(k) of 

the CAA 

As discussed above, EPA has fully 

approved the Missouri SIP for the St. 

Louis area under section 110(k) all 

requirements applicable for purposes of 

redesignation under the 2008 ozone 

NAAQS. EPA may rely on prior SIP 

approvals in approving a redesignation 

request (see the Calcagni memorandum 

at page 3; Southwestern Pennsylvania 

Growth Alliance v. Browner, 144 F.3d 

984, 989–90 (6th Cir. 1998); Wall v. 

EPA, 265 F.3d 426), plus any additional 

measures it may approve in conjunction 

with a redesignation action (see 68 FR 

25426 (May 12, 2003) and citations 

therein). Missouri has adopted and 

submitted, and EPA has fully approved 

at various times, provisions addressing 

the various SIP elements applicable for 

the ozone NAAQS. 

As indicated above, EPA believes that 

the section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked to an area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation. EPA has approved all 

part D requirements applicable for 

purposes of this redesignation. 

C. Criteria (3)—The Air Quality 

Improvement in the St. Louis Area Is 

Due to Permanent and Enforceable 

Emission Reductions 

To support the redesignation of an 

area from nonattainment to attainment, 

section 107(d)(3)(E)(iii) of the CAA 

requires EPA to determine that the air 

quality improvement in the area is due 

to permanent and enforceable 

reductions in emissions resulting from 

the implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable emission reductions. EPA is 

proposing to determine that Missouri 

has demonstrated that the observed 

ozone air quality improvement in the St. 

Louis area is due to permanent and 

enforceable reductions in VOC and NOX

emissions resulting from state measures 

adopted into the SIP and Federal 

measures. 

In making this demonstration, the 

state has calculated the change in 

emissions between 2011 and 2014. The 

reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of regulatory 

control measures that the St. Louis area 

and upwind areas have implemented in 

recent years. Based on the information 

summarized below, Missouri has 

adequately demonstrated that the 

improvement in air quality is due to 

permanent and enforceable emissions 

reductions. 

1. Permanent and Enforceable Emission 

Controls Implemented 

a. Regional NOX Controls 

Clean Air Interstate Rule (CAIR)/Cross 

State Air Pollution Rule (CSAPR)/ 

CSAPR Update. CAIR created regional 

cap-and-trade programs to reduce sulfur 

dioxide (SO2) and NOX emissions in 

twenty seven eastern states, including 

Missouri, that contributed to downwind 

nonattainment and maintenance of the 

1997 8-hour ozone NAAQS and the 

1997 fine particulate matter (PM2.5) 

NAAQS. See 70 FR 25162 (May 12, 

2005). EPA approved Missouri’s CAIR 

regulations into the Missouri SIP on 

December 14, 2007 (72 FR 71073). In 

2008, the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) initially vacated 

CAIR, North Carolina v. EPA, 531 F.3d 

896 (D.C. Cir. 2008), but ultimately 

remanded the rule to EPA without 


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12EME Homer City Generation, L.P. v. EPA, 696 

F. 3d 7, 38 (D.C. Cir. 2012). 

vacatur to preserve the environmental 

benefits provided by CAIR, North 

Carolina v. EPA, 550 F.3d 1176, 1178 

(D.C. Cir. 2008). On August 8, 2011 (76 

FR 48208), acting on the D.C. Circuit’s 

remand, EPA promulgated CSAPR to 

replace CAIR and thus to address the 

interstate transport of emissions 

contributing to nonattainment and 

interfering with maintenance of the two 

air quality standards covered by CAIR as 

well as the 2006 PM2.5 NAAQS. CSAPR 

requires substantial reductions of SO2

and NOX emissions from electric 

generating units (EGUs) in 28 states in 

the Eastern United States. 

The D.C. Circuit’s initial vacatur of 

CSAPR was reversed by the United 

States Supreme Court on April 29, 2014, 

and the case was remanded to the D.C. 

Circuit to resolve remaining issues in 

accordance with the high court’s ruling. 

EPA v. EME Homer City Generation, 

L.P., 134 S. Ct. 1584 (2014).12 On 

remand, the D.C. Circuit affirmed 

CSAPR in most respects, but invalidated 

without vacating some of the CSAPR 

budgets as to a number of states. EME 

Homer City Generation, L.P. v. EPA, 795 

F.3d 118 (D.C. Cir. 2015). This litigation 

ultimately delayed implementation of 

CSAPR for three years, from January 1, 

2012, when CSAPR’s cap-and-trade 

programs were originally scheduled to 

replace the CAIR cap-and-trade 

programs, to January 1, 2015. Thus, the 

rule’s Phase 2 budgets that were 

originally promulgated to begin on 

January 1, 2014, began on January 1, 

2017. 

On November 21, 2014, the 

Administrator signed an action that 

published in the Federal Register on 

December 3, 2014 (79 FR 71163), 

amending the regulatory text of CSAPR 

to reflect the Court’s October 23, 2014, 

order tolling all deadlines in CSAPR by 

three years, including provisions 

governing the sunsetting of CAIR. CAIR 

therefore sunset at the end of 2014 and 

was replaced by CSAPR beginning 

January 1, 2015, which continue to 

remain in place. Relative to CAIR, 

CSAPR required similar or greater 

emission reductions from relevant 

upwind areas starting in 2015 and 

beyond, and Missouri’s emissions 

budgets were not affected by the Court’s 

remand of some of the ozone-season and 

SO2 budgets. 

While the reduction in NOX emissions 

from the implementation of CSAPR will 

result in lower concentrations of 

transported ozone and ozone precursors 

entering the St. Louis area throughout 

the maintenance period, EPA is 

proposing to approve the redesignation 

of the St. Louis area without relying on 

those measures within Missouri as 

having led to attainment of the 2008 

ozone NAAQS or contributing to 

maintenance of that standard because, 

as noted above, CSAPR did not go into 

effect until January 1, 2015. As a general 

matter, EPA expects that the 

implementation of CSAPR will preserve 

the reductions achieved by CAIR and 

result in additional SO2 and NOX

emission reductions throughout the 

maintenance period. 

In addition, on October 26, 2016 (81 

FR 74504), EPA finalized the Cross-State 

Air Pollution Rule Update for the 2008 

Ozone NAAQS (CSAPR Update). This 

new rule replaces the CSAPR rule for 

purposes of transport of ozone pollution 

with respect to the 2008 ozone NAAQS. 

The finalized rule issued a Federal 

Implementation Plan (FIP) that 

generally provided updated CSAPR 

NOX ozone season emission budgets for 

the EGUs within twenty two states in 

the eastern United States, and 

implements these budgets via 

modifications to the CSAPR NOX ozone 

season allowance trading program 

established under the original CSAPR. 

The CSAPR Update rule became 

effective on December 27, 2016. 

b. Federal and State Emission Control 

Measures 

Reductions in VOC and NOX

emissions have occurred statewide and 

in upwind areas as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures are described below. 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

On February 10, 2000 (65 FR 6698), EPA 

promulgated Tier 2 motor vehicle 

emission standards and gasoline sulfur 

control requirements. These emission 

control requirements result in lower 

VOC and NOX emissions from new cars 

and light duty trucks, including sport 

utility vehicles. With respect to fuels, 

this rule required refiners and importers 

of gasoline to meet lower standards for 

sulfur in gasoline, which were phased 

in between 2004 and 2006. By 2006, 

refiners were required to meet a 30 ppm 

average sulfur level, with a maximum 

cap of 80 ppm. This reduction in fuel 

sulfur content ensures the effectiveness 

of low emission-control technologies. 

The Tier 2 tailpipe standards 

established in this rule were phased in 

for new vehicles between 2004 and 

2009. EPA estimates that, when fully 

implemented, this rule will cut NOX

and VOC emissions from light-duty 

vehicles and light-duty trucks by 

approximately 76 and 28 percent, 

respectively. NOX and VOC reductions 

from medium-duty passenger vehicles 

included as part of the Tier 2 vehicle 

program are estimated to be 

approximately 37,000 and 9,500 tons 

per year, respectively, when fully 

implemented. In addition, EPA 

estimates that beginning in 2007, a 

reduction of 30,000 tons per year of 

NOX will result from the benefits of 

sulfur control on heavy-duty gasoline 

vehicles. Some of these emission 

reductions occurred by the attainment 

years and additional emission 

reductions will occur throughout the 

maintenance period, as older vehicles 

are replaced with newer, compliant 

model years. 

Heavy-Duty Diesel Engine Rules. In 

July 2000, EPA issued a rule for onhighway heavy-duty diesel engines that 

includes standards limiting the sulfur 

content of diesel fuel. Emissions 

standards for NOX, VOC and PM were 

phased in between model years 2007 

and 2010. In addition, the rule reduced 

the highway diesel fuel sulfur content to 

15 parts per million by 2007, leading to 

additional reductions in combustion 

NOX and VOC emissions. EPA has 

estimated future year emission 

reductions due to implementation of 

this rulemaking. Nationally, EPA 

estimated that 2015 NOX and VOC 

emissions would decrease by 1,260,000 

tons and 54,000 tons, respectively. 

Nationally, EPA estimated that 2030 

NOX and VOC emissions will decrease 

by 2,570,000 tons and 115,000 tons, 

respectively. 

Nonroad Diesel Rule. On June 29, 

2004 (69 FR 38958), EPA issued a rule 

adopting emissions standards for 

nonroad diesel engines and sulfur 

reductions in nonroad diesel fuel. This 

rule applies to diesel engines used 

primarily in construction, agricultural, 

and industrial applications. The rule is 

being phased between 2008 through 

2015, and when fully implemented will 

reduce emissions of NOX, VOC, 

particulate matter, and carbon 

monoxide from these engines. It is 

estimated that compliance with this rule 

will cut NOX emissions from these 

nonroad diesel engines by 

approximately 90 percent nationwide. 

Nonroad Spark-Ignition Engines and 

Recreational Engine Standards. On 

November 8, 2002 (67 FR 68242), EPA 

adopted emission standards for large 

spark-ignition engines such as those 

used in forklifts and airport groundservice equipment; recreational vehicles 

such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and 

recreational marine diesel engines. 

These emission standards are phased in 


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from model year 2004 through 2012. 

When fully implemented, EPA estimates 

an overall 72 percent reduction in VOC 

emissions from these engines and an 80 

percent reduction in NOX emissions. 

Some of these emission reductions 

occurred by the attainment years and 

additional emission reductions will 

occur throughout the maintenance 

period. 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

Reciprocating Internal Combustion 

Engines. On March 3, 2010 (75 FR 

9684), EPA issued a rule to reduce 

hazardous air pollutants from existing 

diesel powered stationary reciprocating 

internal combustion engines, also 

known as compression ignition engines. 

Amendments to this rule were finalized 

on January 14, 2013 (78 FR 6674). EPA 

estimated that when this rule was fully 

implemented in 2013, NOX and VOC 

emissions from these engines would be 

reduced by approximately 9,600 and 

36,000 tons per year, respectively. 

Category 3 Marine Diesel Engine 

Standards. On April 30, 2010 (75 FR 

22896), EPA issued emission standards 

for marine compression-ignition engines 

at or above 30 liters per cylinder. Tier 

2 emission standards apply beginning in 

2011, and are expected to result in a 15 

to 25 percent reduction in NOX

emissions from these engines. Final Tier 

3 emission standards apply beginning in 

2016 and are expected to result in 

approximately an 80 percent reduction 

in NOX from these engines. Some of 

these emission reductions occurred by 

the attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

c. Control Measures Specific to the St. 

Louis Area 

Gateway Vehicle Inspection Program. 

On March 3, 2015 (80 FR 11323), EPA 

approved Missouri’s Gateway Vehicle 

Inspection Program which is found in 

the Missouri Code of State Regulation 

(CSR) at 10 CSR 5.381. This regulation 

is permanent and enforceable, and will 

result in continued significant 

reductions in both NOX and VOC 

emissions from 2014 to 2030. 

2. Emission Reductions 

Missouri is using a 2011 emissions 

inventory as the nonattainment base 

year. Area, nonroad mobile, onroad 

mobile, and point source emissions 

(EGUs and non-EGUs) were collected 

from the Ozone NAAQS 

Implementation Modeling platform 

(2011v6.1). MDNR also provided an 

emissions inventory for wildfires 

(Event) and biogenic sources. For 2011, 

this represents actual data Missouri 

reported to EPA for the 2011 National 

Emissions Inventory (NEI). Because 

emissions from state inventory 

databases, the NEI, and the Ozone 

NAAQS Emissions Modeling platform 

are annual totals, tons per summer day 

(tpd) were derived according to EPA’s 

guidance document ‘‘Temporal 

Allocation of Annual Emissions Using 

EMCH Temporal Profiles’’ dated April 

29, 2002, using the temporal allocation 

references accompanying the 2011v6.1 

modeling inventory files. 

For the attainment inventory, 

Missouri used 2014, one of the years the 

St. Louis area monitored attainment of 

the 2008 ozone standard. Because the 

2014 NEI inventory was not available at 

the time MDNR was compiling the 

redesignation request, the state was 

unable to use the 2014 NEI inventory 

directly. For area, nonroad mobile, 

wildfire, and biogenic sources, 2014 

emissions were derived by interpolating 

between 2011 and 2018 Ozone NAAQS 

Emissions Modeling platform 

inventories. The point source sector for 

the 2014 inventory was developed using 

actual 2014 point source emissions 

reported to the state database, which 

serve as the basis for the point source 

emissions reported to EPA for the NEI. 

Summer day inventories were derived 

for these sectors using the methodology 

described above. Finally, onroad mobile 

source emissions were developed using 

the same methodology described above 

for the 2011 inventory. 

Using the inventories described 

above, Missouri’s submittal documents 

changes in VOC and NOX emissions 

from 2011 to 2014 for the Missouri 

portion of the St. Louis area. Emissions 

data are shown in tables 2 through 6. 

TABLE 2—MISSOURI PORTION OF THE ST. LOUIS AREA NOX EMISSIONS FOR NONATTAINMENT YEAR 2011 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 27.75 0.49 7.83 5.72 

Jefferson .......................................................................................................... 16.66 0.62 12.45 3.33 

St. Charles ....................................................................................................... 25.04 0.68 21.04 8.34 

St. Louis ........................................................................................................... 16.74 2.65 66.34 23.85 

St. Louis City ................................................................................................... 4.49 1.16 16.55 6.31 

Total .......................................................................................................... 90.68 5.60 124.21 47.55 

TABLE 3—MISSOURI PORTION OF THE ST. LOUIS AREA VOC EMISSIONS FOR NONATTAINMENT YEAR 2011 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 2.52 3.36 2.4 3.31 

Jefferson .......................................................................................................... 1.63 7.48 4.24 3.12 

St. Charles ....................................................................................................... 3.34 11.21 6.73 6.23 

St. Louis ........................................................................................................... 3.5 38.68 20.17 22.99 

St. Louis City ................................................................................................... 3.59 12.04 4.46 3.38 

Total .......................................................................................................... 14.58 72.77 38.00 39.03 


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13 In a letter submitted by MDNR and received by 

EPA August 7, 2017, the state provided clarifying 

information on NOx and VOC emissions. This letter 

and the original submission can be found in the 

docket for this action. 

TABLE 4—MISSOURI PORTION OF THE ST. LOUIS AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2014 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 21.13 0.46 8.00 5.24 

Jefferson .......................................................................................................... 17.96 0.42 12.87 3.04 

St. Charles ....................................................................................................... 21.05 0.89 19.68 7.40 

St. Louis ........................................................................................................... 16.79 3.77 60.29 17.53 

St. Louis City ................................................................................................... 4.78 0.93 10.92 5.23 

Total .......................................................................................................... 81.71 6.47 111.76 38.44 

TABLE 5—MISSOURI PORTION OF THE ST. LOUIS AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2014 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 2.08 5.80 2.57 2.91 

Jefferson .......................................................................................................... 1.91 5.44 4.65 2.72 

St. Charles ....................................................................................................... 4.12 11.50 7.75 5.25 

St. Louis ........................................................................................................... 2.87 35.88 19.01 19.61 

St. Louis City ................................................................................................... 2.88 11.19 4.23 2.92 

Total .......................................................................................................... 13.86 69.81 38.21 33.42 

TABLE 6—CHANGE IN NOX AND VOC EMISSIONS IN THE MISSOURI PORTION OF THE ST. LOUIS AREA BETWEEN 2011 

AND 2014 

[tpd] 

NOX VOC 

2011 2014 Net change 2011 2014 Net change 

Point ......................................................... 90.68 81.70 ¥8.98 14.58 13.86 ¥0.72 

Area .......................................................... 5.60 6.47 0.87 72.77 69.81 ¥2.96 

Onroad ..................................................... 124.21 111.76 ¥12.45 38.00 38.21 0.21 

Nonroad ................................................... 47.55 38.44 ¥9.11 39.03 33.42 ¥5.61 

Total .................................................. 268.04 238.37 ¥29.67 164.38 155.30 ¥9.08 

As indicated in table 6, total NOX and 

VOC emissions decreased by nearly 30 

and 9 tpd respectively from the base 

year to the attainment year.13 Based on 

the control measures identified above in 

conjuction with the emission 

reductions, Missouri has adequately 

deomonstrated that the improvement in 

air quality is due to permanent and 

enforceable emission reductions. 

D. Criteria (4)—The Area Has a Fully 

Approvable Ozone Maintenance Plan 

Pursant to Section 175 of the CAA 

As one of the criteria for redesignation 

to attainment, section 107(d)(3)(E)(iv) of 

the CAA requires EPA to determine that 

the area has a fully approved 

maintenance plan pursuant to section 

175A of the CAA. Section 175A of the 

CAA sets forth the elements of a 

maintenance plan for areas seeking 

redesignation from nonattainment to 

attainment. Under section 175A, the 

maintenance plan must demonstrate 

continued attainment of the NAAQS for 

at least ten years after the Administrator 

approves a redesignation to attainment. 

Eight years after the redesignation, the 

state must submit a revised maintenance 

plan which demonstrates that 

attainment of the NAAQS will continue 

for an additional ten years beyond the 

initial ten year maintenance period. To 

address the possibility of future NAAQS 

violations, the maintenance plan must 

contain contingency measures, as EPA 

deems necessary, to assure prompt 

correction of the future NAAQS 

violation. 

In conjunction with its request to 

redesignate the Missouri portion of the 

St. Louis area to attainment for the 2008 

ozone standard, MDNR submitted a SIP 

revision to provide for maintenance of 

the 2008 ozone standard through 2030, 

more than ten years after the expected 

effective date of the redesignation to 

attainment. As discussed below, EPA is 

proposing that this maintenance plan 

meets the requirements for approval 

under section 175A of the CAA. 

The Calcagni Memorandum provides 

further guidance on the content of a 

maintenance plan, explaining that a 

maintenance plan should address five 

elements: (1) An attainment emission 

inventory; (2) a maintenance 

demonstration; (3) a commitment for 

continued air quality monitoring; (4) a 

process for verification of continued 

attainment; and (5) a contingency plan. 

EPA is proposing to find that Missouri’s 

ozone maintenance plan includes these 

necessary components and, as part of 

this action, is proposing to approve the 

maintenance plan as a revision of the 

Missouri SIP. 

1. Attainment Emissions Inventory 

EPA is proposing to determine that 

the St. Louis area has attained the 2008 

ozone NAAQS based on monitoring data 

for the period of 2013–2015. As 

previously stated, MDNR selected 2014 

as the attainment emissions inventory 


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14See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), 

Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). 

See also 66 FR 53094, 66 FR 53099–66 FR 53100 

(October 19, 2001), 68 FR 25413, 68 FR 25430–68 

FR 25432 (May 12, 2003). 

15Missouri developed and submitted a SIP 

revision to remove Stage II vapor recovery 

requirements in the Missouri portion of the St. 

Louis-St. Charles-Farmington, MO-IL area. EPA 

approved the revision and the action became 

effective on December 10, 2015. See 80 FR 69602. 

year to establish attainment emission 

levels for NOX and VOC. The attainment 

emissions inventory identifies the levels 

of emissions in the Missouri portion of 

the St. Louis area that are sufficient to 

attain the 2008 ozone NAAQS. The 

derivation of the attainment year 

emissions is discussed above in section 

IV of this proposed rule. The attainment 

level emissions, by source category, are 

summarized in tables 4 and 5. 

2. Maintenance Demonstration 

Missouri has demonstrated 

maintenance of the 2008 ozone standard 

through 2030 by assuring that current 

and future emissions of VOC and NOX

for the St. Louis area remain at or below 

attainment year emission levels. A 

maintenance demonstration does not 

need to be based on modeling.14

Missouri used emissions for the 2014 

year as a baseline and compared them 

to projected emissions for 2020 and 

2030 to demonstrate maintenance. The 

year 2030 is more than ten years after 

the expected effective date of the 

redesignation to attainment and the year 

2020 was selected to demonstrate that 

emissions are not expected to spike in 

the interim between the attainment year 

and the final maintenance year. The 

emissions inventories were developed 

as described below. 

For point, area, and nonroad 

emissions inventory development, 

Missouri estimated 2030 emissions by 

using the 2014 base year inventory and 

applying growth factors appropriate for 

each source category. For area sources, 

Stage II refueling emissions were 

calculated using MOVES and assumed 

that Stage II vehicle refueling vapor 

recovery controls would no longer be 

required by 2030.15

For non-EGU and nonpoint emissions 

inventory development, Missouri 

collected data from the 2011NEIv2- 

based platform (2011v6.2) inventories 

for years 2011, 2017, and 2025. Missouri 

then calculated growth factors for years 

2017 and 2025 by dividing 2011 annual 

emissions by 2017 and 2025 annual 

emissions. Then, to estimate 2020 and 

2030 growth factors, the program 

interpolated the 2017 and 2025 growth 

factors and then extrapolated to 2030. 

Missouri then used the TREND function 

in Excel to obtain data for 2026–2030. 

Summer day inventories were derived 

for these sectors using the methodology 

described above. 

For EGU emissions, Missouri decided 

to use 2011v6.2 emissions from 2017 for 

2020 and emissions from 2025 for 2030 

because MDNR believes that it was not 

appropriate to use the same growth 

methodology for non-EGUs and EGUs, 

as growth in the EGU sector depends on 

energy demand and environmental, 

transmission, dispatch, and reliability 

constraints. 

Finally, onroad mobile source 

emissions were developed using EPA’s 

MOVES program with Vehicle Miles 

Traveled (VMT) data gathered from the 

East-West Gateway Council of 

Governments (EWGW) in coordination 

with the St. Louis Transportation 

Conformity Interagency Consultation 

Group. Missouri specifically used 

MOVES version 2014a-20151201 as it 

was the latest release at the time of 

inventory development. In developing 

the future year inventories, Missouri 

developed several future year model 

input tables, specifically age 

distribution, VMT, and vehicle 

population tables for 2020 and 2030. 

These input tables were developed with 

the help of MODOT, the Federal 

Highway Administration, and the 

EWGW. The emissions data for 2020 

and 2030 is shown below in tables 7 

through 11. 

TABLE 7—MISSOURI PORTION OF THE ST. LOUIS AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 30.92 3.11 5.99 4.03 

Jefferson .......................................................................................................... 23.58 1.18 4.99 2.19 

St. Charles ....................................................................................................... 8.82 2.41 7.89 5.28 

St. Louis ........................................................................................................... 21.19 6.37 23.60 12.65 

St. Louis City ................................................................................................... 4.09 3.79 3.95 4.13 

Total .......................................................................................................... 88.6 16.87 46.42 28.27 

TABLE 8—MISSOURI PORTION OF THE ST. LOUIS AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 2.50 5.87 7.89 2.06 

Jefferson .......................................................................................................... 1.75 5.38 2.41 2.17 

St. Charles ....................................................................................................... 4.17 11.39 3.90 4.21 

St. Louis ........................................................................................................... 3.06 35.03 10.47 17.84 

St. Louis City ................................................................................................... 2.84 11.16 1.97 2.44 

Total .......................................................................................................... 14.32 68.86 26.64 28.71 

TABLE 9—MISSOURI PORTION OF THE ST. LOUIS AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 30.92 2.20 3.22 1.97 


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TABLE 9—MISSOURI PORTION OF THE ST. LOUIS AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030— 

Continued 

[tpd] 

County Point Area Onroad Nonroad 

Jefferson .......................................................................................................... 27.72 0.88 2.73 2.32 

St. Charles ....................................................................................................... 8.87 1.81 4.34 5.88 

St. Louis ........................................................................................................... 21.75 5.44 13.10 16.93 

St. Louis City ................................................................................................... 3.82 2.70 2.18 2.80 

Total .......................................................................................................... 93.08 13.03 25.57 29.90 

TABLE 10—MISSOURI PORTION OF THE ST. LOUIS AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 

[tpd] 

County Point Area Onroad Nonroad 

Franklin ............................................................................................................ 2.32 5.82 5.45 1.79 

Jefferson .......................................................................................................... 1.96 5.38 1.70 2.13 

St. Charles ....................................................................................................... 4.17 11.38 2.72 4.04 

St. Louis ........................................................................................................... 3.08 35.11 7.21 19.45 

St. Louis City ................................................................................................... 2.78 11.12 1.34 2.60 

Total .......................................................................................................... 14.31 68.80 18.42 30.01 

TABLE 11—CHANGE IN NOX AND VOC EMISSIONS IN THE MISSOURI PORTION OF THE ST. LOUIS AREA BETWEEN 2014 

AND 2030 

[tpd] 

NOX VOC 

2014 2020 2030 

Net change 

(2014– 

2030) 

2014 2020 2030 

Net change 

(2014– 

2030) 

Point .................................................................. 81.70 88.6 93.08 11.38 13.86 14.32 14.31 0.45 

Area ................................................................... 6.47 16.87 13.03 6.58 69.81 68.86 68.80 ¥1.01 

Onroad .............................................................. 111.76 46.42 25.57 ¥86.19 38.21 26.64 18.42 ¥19.79 

Nonroad ............................................................. 38.44 28.27 29.90 ¥8.54 33.42 28.71 30.01 ¥3.41 

Total ........................................................... 238.37 180.16 161.58 ¥76.79 155.30 138.53 131.54 ¥23.76 

In summary, the maintenance 

demonstration for the Missouri portion 

of the St. Louis area demonstrates 

maintenance of the 2008 ozone 

standard. It does so by providing 

emissions information that future 

emissions of NOX and VOC will remain 

at or below 2014 emission levels when 

taking into account both future source 

growth and implementation of future 

controls. 

Table 11 shows NOX and VOC 

emissions in the Missouri portion of the 

St. Louis area are projected to decrease 

by 76.79 tpd and 23.76 tpd, 

respectively, between 2014 and 2030. 

In addition, since the St. Louis area 

covers both Missouri and Illinois, 

MDNR provided data from the Illinois 

portion of the St. Louis area. This data 

is summarized below in table 12 and 

shows that the Illinois portion of the St. 

Louis area will also show decreases in 

NOX and VOC emissions from 2014 to 

2030. This data is provided here for 

informational purposes only as the EPA 

is not proposing to redesignate the 

Illinois portion of the St. Louis area in 

this action. 

TABLE 12—CHANGE IN NOX AND VOC EMISSIONS IN THE ILLINOIS PORTION OF THE ST. LOUIS-ST. CHARLESFARMINGTON, MO-IL AREA BETWEEN 2014 AND 2030 

[tpd] 

NOX VOC 

2014 2020 2030 Net change 

(2014–2030) 2014 2020 2030 Net change (2014–2030) 

Point .............................................................. 23.29 16.81 16.93 ¥6.36 9.38 9.03 8.53 ¥0.84 

Area ............................................................... 1.53 1.51 1.51 ¥0.02 19.06 18.39 18.05 ¥1.00 

Onroad .......................................................... 26.94 13.22 6.71 ¥20.24 10.11 6.38 3.76 ¥6.36 

Nonroad ......................................................... 24.62 18.44 11.31 ¥13.31 7.47 5.65 5.09 ¥2.38 

Total ....................................................... 76.38 49.98 36.46 ¥39.93 46.02 39.45 35.43 ¥10.58 


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16EPA approved the 2016 Missouri Monitoring 

Network Plan on December 29, 2016. 

3. Continued Air Quality Monitoring 

MDNR has committed to continue to 

operate the ozone monitors listed in 

table 1 above and has committed to 

consult with the EPA prior to making 

changes to the existing monitoring 

network should changes become 

necessary in the future. Missouri 

remains obligated to meet monitoring 

requirements and continue to quality 

assure monitoring data in accordance 

with 40 CFR part 58, and to enter all 

data into the Air Quality System (AQS) 

in accordance with Federal guidelines. 

EPA approved Missouri’s monitoring 

plan on December 19, 2017. See https:// 

www.epa.gov/mo/region-7-states-airquality-monitoring-plans-missouri. 

4. Verification of Continued Attainment 

The State of Missouri has the legal 

authority to enforce and implement the 

requirements of the maintenance plan 

for the Missouri portion of the St. Louis 

area. This includes the authority to 

adopt, implement, and enforce any 

subsequent emission control measures 

determined to be necessary to correct 

future ozone attainment problems. 

Verification of continued attainment 

is accomplished through operation of 

the ambient ozone monitoring network 

and the periodic update of the area’s 

emissions inventory. MDNR will 

continue to operate the current ozone 

monitors located in the Missouri portion 

of the St. Louis area. There are no plans 

to discontinue operation, relocate, or 

otherwise change the existing ozone 

monitoring network other than through 

revisions in the network approved by 

the EPA.16

In addition, to track future levels of 

emissions, MDNR will continue to 

develop and submit to the EPA updated 

emission inventories for all source 

categories at least once every three 

years, consistent with the requirements 

of 40 CFR part 51, subpart A, and in 40 

CFR 51.122. The Consolidated 

Emissions Reporting Rule (CERR) was 

promulgated by EPA on June 10, 2002 

(67 FR 39602). The CERR was replaced 

by the Annual Emissions Reporting 

Requirements (AERR) on December 17, 

2008 (73 FR 76539). The most recent 

triennial inventory for Missouri was 

compiled for 2014. Point source 

facilities are covered by Missouri’s 

emission statement rule, 10 CSR 10– 

6.110 (Reporting Emission Data, 

Emission Fees, and Process 

Information), and they will continue to 

submit VOC and NOX emissions on an 

annual basis. 

5. Contingency Measures in the 

Maintenance Plan 

Section 175A of the CAA requires that 

the state must adopt a maintenance 

plan, as a SIP revision, that includes 

such contingency measures as the EPA 

deems necessary to assure that the state 

will promptly correct a violation of the 

NAAQS that occurs after redesignation 

of the area to attainment of the NAAQS. 

The maintenance plan must identify the 

following items: The contingency 

measures to be considered and, if 

needed for maintenance, adopted and 

implemented; a schedule and procedure 

for adoption and implementation; and, 

a time limit for action by the state. The 

state should also identify specific 

indicators to be used to determine when 

the contingency measures need to be 

considered, adopted, and implemented. 

The maintenance plan must include a 

commitment that the state will 

implement all measures with respect to 

the control of the pollutant that were 

contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d) of 

the CAA. 

As required by section 175A of the 

CAA, Missouri has adopted a 

contingency plan for the Missouri 

portion of the St. Louis area to address 

possible future ozone air quality 

problems. The contingency plan 

adopted by Missouri has two levels of 

response, a warning level response and 

an action level response. 

In Missouri’s plan, a Level I warning 

would occur if the fourth highest 8-hour 

ozone concentration at any monitoring 

site in the maintenance area (including 

sites in Missouri and Illinois) exceeds 

0.079 ppm in any year. A warning level 

response will consist of Missouri 

conducting a study to determine 

whether the ozone value indicates a 

trend toward higher ozone values or 

whether emissions appear to be 

increasing. The study will evaluate 

whether the trend, if any, is likely to 

continue and, if so, the control measures 

necessary to reverse the trend. The 

evaluation will be completed as 

expeditiously as possible, but no later 

than twenty-four months after MDNR 

has determined that a Level I trigger has 

occurred. 

In Missouri’s plan, an action Level II 

response is triggered when a violation 

(based on the average of the last three 

(3) years’ 4th highest maximum daily 8- 

hour average concentrations (40 CFR 

50.15)) of the NAAQS at any monitoring 

station in the maintenance area occurs. 

When an action level response is 

triggered, MDNR will conduct an 

analysis to determine the appropriate 

measures to address the cause of the 

violation. This analysis will be 

completed within six months of the 

violation. Selected measures will be 

implemented as expeditiously as 

practicable, taking into consideration 

the ease of implementation and the 

technical and economic feasibility of the 

selected measure. The state committed 

to the implementation of contingency 

measures, under Level I or Level II 

triggers, taking place as expeditiously as 

practicable, but in no event later than 

twenty-four months after the state 

makes a determination that a trigger has 

occurred, based on quality-assured 

ambient data that has been entered into 

AQS. Missouri included the following 

list of potential contingency measures in 

its maintenance plan: 

• Identify local sources with 

significant NOX and/or VOC emissions 

and develop controls through rules, 

NSR/PSD permits, or consent 

agreements; 

• Work with MODOT and EWGW to 

implement transportation control 

measures (TCMs) through the 

Transportation Planning Process; 

• Lower the applicability thresholds 

in existing rules that control NOX and 

VOCs; 

• Lower emission limits in existing 

rules, specifically revisit current RACT 

rules; 

• Develop new, or strengthen 

Alternative Control Techniques (ACTs) 

and Control Technique Guidelines 

(CTGs) for NOX and VOC sources; 

• Develop rules to address 

contributing parts of Missouri outside of 

the St. Louis-St. Charles-Farmington, 

MO-IL area; 

• Enhance the Heavy-Duty Diesel 

Anti-Idling Program; 

• Update 10 CSR 10–6.130 

(Controlling Emissions During Episodes 

of High Air Pollution Potential), 

specifically: Lowering the alert/action 

trigger levels, amending the rule to 

require alert/action level abatement 

plans at more facilities, and requiring 

existing abatement plans to be amended 

with more current emission reduction 

measures; 

• Review other states’ or multi-state 

organizations’ rules and determine their 

applicability and effectiveness (i.e., 

reviewing the Ozone Transport 

Commission (OTC) model rules). 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: An attainment 

emission inventory, a maintenance 

demonstration, continued air quality 

monitoring, verification of continued 

attainment, and a contingency plan. In 

addition, as required by section 175A(b) 


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17See the SIP requirements for the 2008 ozone 

standard in the EPA’s March 6, 2015 

implementation rule (80 FR 12264). 

18See 40 CFR 93.101. 

of the CAA, the state has committed to 

submit to the EPA an updated ozone 

maintenance plan eight years after 

redesignation of the Missouri portion of 

the St. Louis-St. Charles-Farmington, 

MO-IL area to cover an additional ten 

years beyond the initial ten-year 

maintenance period. Thus, the 

maintenance plan SIP revision 

submitted by MDNR for the Missouri 

portion of the St. Louis area meets the 

requirements of section 175A of the 

CAA, EPA proposes to approve it as a 

revision to the Missouri SIP. 

V. Has the state adopted approvable 

Motor Vehicle Emission Budgets? 

A. Motor Vehicle Emission Budgets 

Under section 176(c) of the CAA, new 

transportation plans, programs, or 

projects that receive Federal funding or 

support, such as the construction of new 

highways, must ‘‘conform’’ to (i.e., be 

consistent with) the SIP. Conformity to 

the SIP means that transportation 

activities will not cause new air quality 

violations, worsen existing air quality 

problems, or delay timely attainment of 

the NAAQS or interim air quality 

milestones. Regulations at 40 CFR part 

93 set forth the EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of transportation 

activities to a SIP. Transportation 

conformity is a requirement for 

nonattainment and maintenance areas. 

Maintenance areas are areas that were 

previously nonattainment for a 

particular NAAQS, but that have been 

redesignated to attainment with an 

approved maintenance plan for the 

NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs for nonattainment areas and 

maintenance plans for areas seeking 

redesignations to attainment of the 

ozone standard and maintenance 

areas.17 These control strategy SIPs 

(including reasonable further progress 

plans and attainment plans) and 

maintenance plans must include MVEBs 

for criteria pollutants, including ozone, 

and their precursor pollutants (VOC and 

NOX for ozone) to address pollution 

from onroad transportation sources. The 

MVEBs are the portion of the total 

allowable emissions that are allocated to 

highway and transit vehicle use that, 

together with emissions from other 

sources in the area, will provide for 

attainment or maintenance.18

Under 40 CFR part 93, a MVEB for an 

area seeking a redesignation to 

attainment must be established, at 

minimum, for the last year of the 

maintenance plan; a state may adopt 

MVEBs for other years as well. The 

MVEB serves as a ceiling on emissions 

from an area’s planned transportation 

system and is further explained in the 

preamble to the November 24, 1993, 

Transportation Conformity Rule (58 FR 

62188). The preamble also describes 

how to establish the MVEB in the SIP 

and how to revise the MVEB, if needed, 

subsequent to initially establishing a 

MVEB in the SIP. 

B. What is the status of the EPA’s 

adequacy determination for the 

proposed VOC and NOX MVEBs for the 

St. Louis area? 

When reviewing submitted control 

strategy SIPs or maintenance plans 

containing MVEBs, the EPA must 

affirmatively find that the MVEBs 

contained therein are adequate for use 

in determining transportation 

conformity. Once EPA affirmatively 

finds that the submitted MVEBs are 

adequate for transportation purposes, 

the MVEBs must be used by state and 

Federal agencies in determining 

whether proposed transportation 

projects conform to the SIP as required 

by section 176(c) of the CAA. 

EPA’s substantive criteria for 

determining adequacy of a MVEB are set 

out at 40 CFR 93.118(e)(4). The process 

for determining adequacy consists of 

three basic steps: Public notification of 

a SIP submission; provision for a public 

comment period; and EPA’s adequacy 

determination. This process for 

determining the adequacy of submitted 

MVEBs for transportation conformity 

purposes was initially outlined in EPA’s 

May 14, 1999 guidance, ‘‘Conformity 

Guidance on Implementation of March 

2, 1999, Conformity Court Decision.’’ 

EPA adopted regulations to codify the 

adequacy process in the Transportation 

Conformity Rule Amendments for the 

‘‘New 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

As discussed earlier, Missouri’s 

maintenance plan includes NOX and 

VOC MVEBs for the Missouri portion of 

the St. Louis area for 2014 and 2030, the 

attainment level year and the last year 

of the maintenance period. EPA 

reviewed the VOC and NOX MVEBs 

with the adequacy process. Missouri’s 

September 12, 2016 and February 16, 

2018, maintenance plan SIP 

submissions, including the VOC and 

NOX MVEBs for the area, were open for 

public comment on EPA’s adequacy 

website on April 10, 2018, at: https://

www.epa.gov/state-and-localtransportation/adequacy-review-stateimplementation-plan-sip-submissionsconformity. 

The EPA public comment period on 

adequacy of the 2030 MVEBs for the 

Missouri portion of the St. Louis area 

closed on May 10, 2018. No comments 

on the submittal were received during 

the adequacy comment period. The 

submitted maintenance plan, which 

included the MVEBs, was endorsed by 

the Governor’s designee, was subject to 

a state public hearing, and was 

developed as part of an interagency 

consultation process which includes 

Federal, state, and local agencies. These 

MVEBs, when considered together with 

all other emissions sources, are 

consistent with maintenance of the 2008 

8-hour ozone standard. 

TABLE 13—MVEBS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA

[tpd] 

Attainment year 

2014 onroad 

emissions 

2030 estimated 

onroad emissions 

2030 mobile 

safety margin 

allocation 

2030 MVEBs 

VOC ......................................................................................... 38.21 18.42 3.58 22 

NOX .......................................................................................... 111.76 25.57 14.43 40 


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As shown in table 13, the 2030 

MVEBs exceed the estimated 2030 

onroad sector emissions. In an effort to 

accommodate future variations in travel 

demand models and vehicle miles 

traveled forecast, MDNR allocated a 

portion of the safety margin (described 

further below) to the mobile sector. 

Missouri has demonstrated that the 

Missouri portion of the St. Louis area 

can maintain the 2008 ozone NAAQS 

with mobile source emissions in the 

area of 22 tpd of VOC and 40 tpd of NOX

in 2030, since despite partial allocation 

of the safety margin, emissions will 

remain under attainment year emission 

levels. Based on this analysis, the St. 

Louis area should maintain attainment 

of the 2008 ozone NAAQS for the 

relevant maintenance period with 

mobile source emissions at the levels of 

the MVEBs. 

Therefore, EPA has found that the 

MVEBs are adequate and is proposing to 

approve the MVEBs for use in 

determining transportation conformity 

in the Missouri portion of the St. LouisSt. Charles-Farmington, MO-IL area. 

C. What is a safety margin? 

A ‘‘safety margin’’ is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. As 

noted in table 11, the emissions in the 

Missouri portion of the St. Louis-St. 

Charles-Farmington, MO-IL area are 

projected to have safety margins of 

76.79 tpd for NOX and 23.76 tpd for 

VOC in 2030 (the difference between the 

attainment year 2014 emissions, and the 

projected 2030 emissions for all sources 

in the Missouri portion of the St. LouisSt. Charles-Farmington, MO-IL area). 

Even if emissions reached the full level 

of the safety margin, the counties would 

still demonstrate maintenance since 

emission levels would equal less than 

those in the attainment year. 

As shown in table 13 above, Missouri 

is allocating a portion of that safety 

margin to the mobile source sector. 

Specifically, in 2030, Missouri is 

allocating 3.58 tpd and 14.43 tpd of the 

VOC and the NOX safety margins, 

respectively. MDNR is not requesting 

allocation to the MVEBs of the entire 

available safety margins reflected in the 

demonstration of maintenance. 

Therefore, even though the state is 

requesting MVEBs that exceed the 

projected onroad mobile source 

emissions for 2030 contained in the 

maintenance demonstration, the 

increase in onroad mobile source 

emissions that can be considered for 

transportation conformity purposes is 

well within the safety margins of the 

ozone maintenance demonstration. 

Further, once allocated to mobile 

sources, these safety margins will not be 

available for use by other sources. 

VI. Proposed Action 

EPA is proposing to determine that 

the Missouri portion of the St. Louis 

nonattainment area is attaining the 2008 

ozone standard based on quality-assured 

and certified monitoring data for 2013– 

2015 and that the Missouri portion of 

the St. Louis area has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. 

EPA is also proposing to approve the 

state’s request to change the designation 

of the Missouri portion of the St. Louis 

area for the 2008 ozone standard from 

nonattainment to attainment. EPA is 

also proposing to approve, as a revision 

to the Missouri SIP, the state’s 

maintenance plan for the area. The 

maintenance plan is designed to keep 

the Missouri portion of the St. Louis 

area in attainment of the 2008 ozone 

NAAQS through 2030. Finally, EPA 

finds adequate and is proposing to 

approve the newly-establisheed 2030 

MVEBs for the Missouri portion of the 

St. Louis area. 

VII. 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• 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 the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: June 13, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

[FR Doc. 2018–13442 Filed 6–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 151 

[EPA–HQ–OLEM–2018–0024; FRL–9979– 

83–OLEM] 

RIN 2050–AG87 

Clean Water Act Hazardous 

Substances Spill Prevention 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed action. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 


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