Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9207 

EPA APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal/ 

effective date EPA approval date Comments 

*******

2011 Emissions Inventory for the 

2008 Ozone NAAQS.

Dallas-Fort Worth and HoustonGalveston-Brazoria Ozone 

Nonattainment Areas.

7/16/2014 2/20/2015 [Insert Federal Register citation].

[FR Doc. 2015–03449 Filed 2–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2014–0900; FRL–9923–14– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; Attainment 

Redesignation for Missouri Portion of 

the St. Louis MO–IL Area; 1997 8-Hour 

Ozone Standard and Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the State of Missouri’s request 

to redesignate the Missouri portion of 

the St. Louis MO–IL nonattainment 

area, the ‘‘St. Louis area’’ or ‘‘area’’ to 

attainment for the 1997 8-hour National 

Ambient Air Quality Standards 

(NAAQS or Standard) for ozone (O3). 

The Missouri counties comprising the 

St. Louis area are Franklin, Jefferson, St. 

Charles, and St. Louis along with the 

City of St. Louis. EPA’s approval of the 

redesignation request is based on the 

determination that the St. Louis area has 

met the criteria for redesignation to 

attainment set forth in the Clean Air Act 

(CAA), including the determination that 

the St. Louis area has attained the 1997 

8-hour O3 standard. Additionally, EPA 

is approving the state’s plan for 

maintaining the 1997 O3 standard in the 

St. Louis area for 10 years beyond 

redesignation. In a separate action the 

state of Illinois submitted a similar 

redesignation request for the Illinois 

portion of the St. Louis MO–IL 1997 8- 

hour O3 area. On June 12, 2012, the EPA 

published a document in the Federal 

Register taking final action to address 

the Illinois portion of the St. Louis area. 

DATES: Effective date: This final rule is 

effective on February 20, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2014–0900. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m. to 4:30 p.m. 

excluding Federal holidays. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, KS 66219 at (913) 

551–7214 or by email at kemp.lachala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer 

to EPA. This section provides additional 

information by addressing the 

following: 

Table of Contents 

I. What is the background for this rule? 

II. Summary of SIP Revisions 

III. What action is EPA taking?? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this rule? 

On July 18, 1997, EPA promulgated a 

revised 8-hour O3 NAAQS of 0.08 parts 

per million (ppm) (62 FR 38856). EPA 

published a final rule designating and 

classifying areas under the 8-hour O3

NAAQS on April 30, 2004 (69 FR 

23857). In that rulemaking, the St. Louis 

area was designated as nonattainment 

for the 1997 8-hour O3 standard and 

classified as a moderate nonattainment 

area under subpart 2 of the CAA. 

On November 3, 2011, Missouri 

requested redesignation of the Missouri 

portion of the St. Louis area to 

attainment of the 1997 8-hour O3

standard, and requested approval of the 

Missouri SIP revision containing a 

maintenance plan for the Missouri 

portion of the St. Louis area. Missouri 

submitted a supplement to this request 

on April 29, 2014. 

On June 9, 2011 (76 FR 33647), EPA 

issued a final rulemaking determining 

that the entire St. Louis MO–IL area 

attained the 1997 8-hour O3 NAAQS 

based on three years of complete, 

quality assured O3 data for the period of 

2008–2010. 

On December 31, 2014(79 FR 78755), 

EPA published a notice of proposed 

rulemaking (NPR) proposing to approve 

Missouri’s request to redesignate the 

Missouri portion of the St. Louis area to 

attainment of the 1997 8-hour O3

standard, and also proposing to approve 

Missouri’s maintenance plan for the 

area. The proposed rulemaking provides 

a detailed discussion and sets forth the 

basis for determining that Missouri’s 

redesignation request meets the CAA 

requirements for redesignation to 

attainment for the 1997 8-hour O3

NAAQS. 

The primary background for this 

action is contained in EPA’s December 

31, 2014, proposal to approve Missouri’s 

redesignation request, and in EPA’s June 

9, 2011, final rulemaking determining 

that the area has attained the 1997 8- 

hour O3 standard based on complete, 

quality assured monitoring data for 

2008–2010. In these rulemakings, we 

noted that under EPA regulations at 40 

CFR 50.10 and 40 CFR part 50, 

appendix I provides that the 8-hour O3

standard is attained when the three-year 

average of the annual fourth-highest 

daily maximum 8-hour average O3

concentration is less than or equal to 

0.08 ppm, when rounded at all 

monitoring sites in the area. See 69 FR 

23857 (April 30, 2004). To support the 

redesignation of the area to attainment 

of the NAAQS, the O3 data must be 

complete for the three attainment years. 

The data completeness requirement is 

met when the average percent of days 

with valid ambient monitoring data is 


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9208 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 

greater than ninety percent, and no 

single year has less than seventy five 

percent data completeness. See 40 CFR 

part 50, appendix I, 2.3(d). Under the 

CAA, EPA may redesignate a 

nonattainment area to attainment if 

sufficient, complete, quality assured 

data are available to determine that the 

area has attained the standard and if it 

meets the other CAA redesignation 

requirements in section 107(d)(3)(E). 

II. Summary of SIP Revisions 

On November 3, 2011, EPA received 

a SIP revision from the State of Missouri 

requesting redesignation of the Missouri 

portion of the St. Louis MO–IL area to 

attainment for the 1997 8-hour O3

standard, and approval of the area’s 

maintenance plan. Missouri submitted a 

supplemental revision on April 29, 

2014. The maintenance plan is designed 

to keep the Missouri portion of the St. 

Louis area in attainment of the 1997 8- 

hour O3 standard through 2025. A more 

detailed rationale for EPA’s proposed 

action to approve the SIP submissions 

are explained in the NPR and will not 

be restated here. The comment period 

on EPA’s proposed rule opened 

December 31, 2014, the date of its 

publication in the Federal Register, and 

closed on January 30, 2015. No public 

comments were received on the NPR. 

III. What action is EPA taking? 

EPA is approving a request from the 

State of Missouri to redesignate the 

Missouri portion of the St. Louis, MO– 

IL area to attainment of the 1997 8-hour 

O3 standard. In addition, EPA is 

approving as a revision to the Missouri 

SIP, the State’s plan for maintaining the 

1997 8-hour O3 standard through 2025 

in the area. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 

The purpose of the 30-day waiting 

period prescribed in section 553(d) is to 

give affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. This rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, this rule relieves the state of 

various requirements for this 

nonattainment area. For these reasons, 

EPA finds good cause under 5 U.S.C. 

553(d)(3) for this action to become 

effective on the date of publication of 

this action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: February 9, 2015. 

Karl Brooks, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency 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. 


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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9209 

Subpart AA—Missouri 

■ 2. Section 52.1342 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1342 Control strategy: Ozone. 

* * * * * 

(c) On November 3, 2011 and April 

29, 2014, Missouri submitted requests to 

redesignate the Missouri portion of the 

St. Louis MO–IL area to attainment of 

the 1997 8-hour ozone 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 8-hour ozone 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 8- 

Hour Ozone NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.326 Missouri. 

* * * * * 

MISSOURI—1997 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 

Designation a Category/Classification 

Date 1 Type Date 1 Type 

*******

St. Louis, MO–IL 

Franklin County .......................... February 20, 2015 ...................... Attainment.

Jefferson County ........................ February 20, 2015 ...................... Attainment.

St. Charles County ..................... February 20, 2015 ...................... Attainment.

St. Louis City .............................. February 20, 2015 ...................... Attainment.

St. Louis County ......................... February 20, 2015 ...................... Attainment.

* * * * * * * 

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

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. 2015–03287 Filed 2–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0670; FRL–9922–08] 

Dimethenamid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of dimethenamid 

in or on cottonseed subgroup 20C and 

cotton, gin byproducts. BASF 

Corporation requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

February 20, 2015. Objections and 

requests for hearings must be received 

on or before April 21, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0670, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Publishing Office’s eCFR site at http://www.ecfr.gov/cgi-bin/ 

text-idx?&c=ecfr&tpl=/ecfrbrowse/

Title40/40tab_02.tpl. 


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