Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38033 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area on the navigable 

water in the Shark River, for 

approximately one hour. This rule is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

(REC) supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05-0614 to read as 

follows: 

§ 165.T05–0614 Safety Zone; Fireworks, 

Shark River, Neptune, NJ. 

(a) Location. The following area is a 

safety zone: All waters of the Shark 

River off of Neptune, NJ, within 100 

yards of the barge anchored in position 

40°11′32.08′′ N, 074°01′53.06′′ W. All 

coordinates are based on Datum NAD 

1983. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Delaware Bay in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or 215–271–4807. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This zone 

will be enforced from 8:30 p.m. through 

9:30 p.m. on August 4, 2018. 

Dated: July 30, 2018. 

S.E. Anderson, 

Captain, U.S. Coast Guard Captain of the 

Port Delaware Bay. 

[FR Doc. 2018–16620 Filed 8–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2017–0734; FRL 9981–29- 

Region 7] 

Air Plan Approval and Air Quality 

Designation; MO; Redesignation of the 

Missouri Portion of the St. Louis 

Missouri-Illinois Area to Attainment of 

the 1997 Annual Standards for Fine 

Particulate Matter and Approval of 

Associated Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On January 5, 2018, the 

Environmental Protection Agency (EPA) 

published in the Federal Register an 

advanced notice of proposed 

rulemaking (ANPR) specifically 

requesting early input and comments on 

the Agency’s interpretation that air 

quality monitoring data from 2015–2017 

support a finding that the Missouri 

Portion of the St. Louis nonattainment 

area attains the 1997 Annual National 

Ambient Air Quality Standards 

(NAAQS) for fine particulate matter 

(PM2.5). The notice also provided an 

evaluation of Missouri’s 1997 Annual 

PM2.5 NAAQS maintenance plan, which 

includes the 2008 and 2025 NOX and 

PM2.5 motor vehicle emission budgets 

(MVEBs) and established the 2008 base 

year emissions inventory. EPA received 

no comments on the ANPR. EPA is now 

taking direct final action on three items, 

consistent with the ANPR. First, EPA is 

approving the state’s request to 

redesignate the Missouri portion of the 

St. Louis MO–IL nonattainment area to 

attainment for the 1997 Annual PM2.5

NAAQS as the monitoring values 

demonstrate the area attains the 

standard. Second, EPA is approving the 

state implementation plan (SIP) revision 

containing a maintenance plan for the 


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38034 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 

1The date of the original submission is 

September 2, 2011. Missouri supplemented and 

revised their request on March 31, 2014, September 

17, 2014, and May 23, 2017. The May 27, 2017, 

letter requested EPA to take action on the prior 

submission, but did not include additional 

documentation. EPA considered all submissions in 

reviewing this action. 

Missouri portion of the area including 

the motor vehicle emissions budget. 

Third, EPA is approving Missouri’s 

2008 base year emissions inventory in 

accordance with section 172(c)(3) of the 

CAA. 

DATES: This direct final rule will be 

effective October 2, 2018, without 

further notice, unless EPA receives 

adverse comment by September 4, 2018. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2017–0734, to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is approving actions related to 

Missouri’s request to redesignate the 

Missouri portion of the St. Louis area to 

attainment for the 1997 Annual PM2.5

standards. On September 2, 2011, and 

subsequently on March 31, 2014, and on 

September 17, 2014,1 Missouri, through 

the Missouri Department of Natural 

Resources (MDNR) submitted requests 

for EPA to redesignate the Missouri 

portion of the St. Louis MO–IL 

nonattainment area to attainment for the 

1997 Annual National Ambient Air 

Quality Standards (NAAQS) for fine 

particulate matter (PM2.5) and approve a 

state implementation plan (SIP) revision 

containing a maintenance plan for the 

Missouri portion of the area. On January 

5, 2018, EPA published an Advanced 

Notice of Proposed Rulemaking (ANPR) 

on the related actions and received no 

comments. See 83 FR 636. In this 

rulemaking action, EPA is taking direct 

final action to approve the state’s 

request. In addition, EPA is also taking 

direct final action to approve Missouri’s 

2008 base year emissions inventory in 

accordance with section 172(c)(3) of the 

CAA. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state’s submission has met the 

public notice requirements for the 

redesignation request and maintenance 

plan submission in accordance with 40 

CFR 51.102. The submission also 

satisfied the completeness criteria of 40 

CFR part 51, appendix V. The state held 

a public comment period from 

December 30, 2013 to February 6, 2014, 

and received three comments from the 

EPA. A public hearing was held on 

January 30, 2014. 

III. What action is EPA taking? 

Consistent with the strategy outlined 

in the ANPR, published in January 

2018, EPA is taking direct final action 

to approve Missouri’s request to 

redesignate the St. Louis bi-state 

nonattainment area for the 1997 Annual 

PM2.5 National Ambient Air Quality 

Standards and approve a state 

implementation plan (SIP) revision 

containing a maintenance plan for the 

Missouri portion of the area, and 

officially redesignate the area from 

nonattainment to attainment. EPA is 

also taking direct final action on 

Missouri’s 2008 emission inventory. 

Missouri submitted their first request 

to determine attainment and 

redesignation on September 1, 2011. 

The state then supplemented and 

revised their request on March 31, 2014, 

and on September 17, 2014. In this 

direct final rule, when EPA refers to 

Missouri’s submission, we are referring 

to information provided in the 2011 and 

2014 submissions and the additional 

clarifying information together unless 

otherwise specified. 

EPA evaluated Missouri’s request and 

plan consistent with section 175A of the 

CAA and EPA’s supplemental analysis 

that the area will continue to maintain 

the 2008 ozone NAAQS following 

redesignation. The Missouri counties 

comprising the St. Louis area are 

Franklin, Jefferson, St. Charles and St. 

Louis. The City of St. Louis is also part 

of the nonattainment area. Because we 

did not receive public comments on the 

advanced notice of proposed 

rulemaking for this action, we are 

publishing this as a direct final rule as 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

we are publishing a separate document 

that will serve as the proposed rule to 

approve the SIP revision if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this direct 

final rule will not take effect. We will 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 


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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38035 

• 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 16, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 81 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

* * * * * 

■ 2. Revise § 52.1341 to read as follows: 

§ 52.1341 Control strategy: Particulate. 

(a) Determination of attainment. EPA 

has determined, as of May 23, 2011, that 

the St. Louis (MO–IL) metropolitan 1997 

PM2.5 nonattainment area has attained 

the 1997 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 PM2.5 NAAQS. In addition, 

based upon EPA’s review of the air 

quality data for the three-year period 

2007 to 2009, the St. Louis (MO–IL) 

PM2.5 nonattainment area has attained 

the 1997 PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. 

(b) Redesignation to attainment. On 

September 1, 2011, and on March 31, 

2014 and on September 17, 2014, 

Missouri submitted requests to 

redesignate the Missouri portion of the 

St. Louis MO–IL area to attainment of 

the 1997 Annual PM2.5 standard. The 

Missouri portion of the St. Louis MO– 

IL area includes Jefferson, Franklin, St. 

Charles, and St. Louis Counties along 

with the City of St. Louis. As part of the 

redesignation request, the State 

submitted a plan for maintaining the 

1997 Annual PM2.5 standard through 

2025 in the area as required by section 

175A of the Clean Air Act. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

* * * * * 

■ 4. Section 81.326 is amended by 

revising the entry for ‘‘St. Louis MO–IL’’ 

in the table entitled ‘‘Missouri—1997 

Annual PM2.5 NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.326 Missouri 

* * * * * 

MISSOURI–1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

St. Louis, MO–IL: 

Franklin County ........................................................ August 3, 2018 ................... Attainment 

Jefferson County ...................................................... August 3, 2018 ................... Attainment 

St. Charles County .................................................. August 3, 2018 ................... Attainment 


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38036 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 

MISSOURI–1997 ANNUAL PM2.5 NAAQS—Continued 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

St. Louis County ...................................................... August 3, 2018 ................... Attainment 

St. Louis City ........................................................... August 3, 2018 ................... Attainment 

.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2018–16003 Filed 8–2–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2016–0442; FRL–9981–06– 

OAR] 

RIN 2060–AS92 

National Emission Standards for 

Hazardous Air Pollutants From the 

Portland Cement Manufacturing 

Industry Residual Risk and 

Technology Review 

Correction 

In rule document 2018–15718 

beginning on page 35122 in the issue of 

Wednesday, July 25, 2018, make the 

following correction: 

Table 1 to Subpart LLL of Part 63 

[Corrected] 

■ On page 35135, the table should read 

as set forth below: 

TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Citation Requirement Applies to subpart LLL Explanation 

*******

63.10(e)(3)(v) .................... Due Dates for Excess Emissions and CMS Performance 

Reports.

No § 63.1354(b)(9) specifies 

due date. 

*******

[FR Doc. C1–2018–15718 Filed 8–2–18; 8:45 am] 

BILLING CODE 1301–00–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2010–1086; FRL–9979– 

68–OLEM] 

RIN 2050–AG67 

Addition of a Subsurface Intrusion 

Component to the Hazard Ranking 

System; Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendments. 

SUMMARY: On January 9, 2017, the 

Environmental Protection Agency 

published a final rule which added 

subsurface intrusion component to the 

Superfund Hazard Ranking System. 

That document inadvertently failed to 

update the Table of Contents and 

contained a few other typographical 

errors. This document corrects the final 

regulation. 

DATES: This correction is effective 

August 3, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Terry Jeng, phone: (703) 603–8852, 

email: jeng.terry@epa.gov, Site 

Assessment and Remedy Decisions 

Branch, Assessment and Remediation 

Division, Office of Superfund 

Remediation and Technology 

Innovation (Mailcode 5204P), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

SUPPLEMENTARY INFORMATION: This is 

EPA’s erratum to the final rule titled 

Addition of a Subsurface Intrusion 

Component to the Hazard Ranking 

System, published January 9, 2017 (82 

FR 2760). This is the second set of 

corrections. The first set of corrections 

was published in the Federal Register 

on January 31, 2018 (83 FR 4430). This 

document augments those corrections. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. See 

Utility Solid Waste Activities Group v. 

EPA, 236 F.3d 749, 752 (D.C. Cir. 2001). 

We have determined that there is good 


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