92816 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 

(o) Use or occupancy of National 

Forest System lands or facilities without 

a special use authorization, contract, 

approved plan of operations, or other 

written authorization when that written 

authorization is required. 

(p) Knowingly or intentionally 

possessing any controlled substance in 

violation of Federal law. 

(q) Knowingly or intentionally 

possessing any drug paraphernalia in 

violation of State law. 

(r) Possessing any alcoholic beverage 

in violation of State law. 

(s) Providing any alcoholic beverage 

to a minor in violation of State law. 

■ 8. Amend § 261.12 by adding 

paragraphs (e) through (i) to read as 

follows: 

§ 261.12 National Forest System roads and 

trails. 

* * * * * 

(e) Operating a motor vehicle without 

a valid license as required by State law. 

(f) Operating a motor vehicle while 

under the influence of an alcoholic 

beverage or a controlled substance in 

violation of State law. 

(g) Operating a motor vehicle in 

violation of any State law other than 

those described in paragraph (e) or (f) of 

this section. 

(h) Operating a vehicle or motor 

vehicle carelessly, recklessly, or in a 

manner or at a speed that would 

endanger or be likely to endanger any 

person or property. 

(i) Operating a motor vehicle in 

violation of a posted sign or traffic 

control device. 

■ 9. Amend § 261.15 by revising 

paragraphs (e) and (g) to read as follows: 

§ 261.15 Use of vehicles off roads. 

* * * * * 

(e) While under the influence of an 

alcoholic beverage or a controlled 

substance in violation of State law. 

* * * * * 

(g) Carelessly, recklessly, or in a 

manner or at a speed that endangers or 

is likely to endanger any person or 

property. 

* * * * * 

■ 10. Amend § 261.50 by revising 

paragraphs (a) and (b) to read as follows: 

§ 261.50 Orders. 

(a) The Chief, each Regional Forester, 

each Experiment Station Director, the 

head of each administrative unit, their 

deputies, or persons acting in these 

positions may issue orders, consistent 

with their delegations of authority, that 

close or restrict the use of described 

areas by applying the prohibitions 

authorized in this subpart, individually 

or in combination. 

(b) The Chief, each Regional Forester, 

each Experiment Station Director, the 

head of each administrative unit, their 

deputies, or persons acting in these 

positions may issue orders, consistent 

with their delegations of authority, that 

close or restrict the use of any National 

Forest System road or National Forest 

System trail. 

* * * * * 

■ 11. Revise § 261.52 to read as follows: 

§ 261.52 Fire. 

When provided by an order, the 

following are prohibited: 

(a) Building, maintaining, attending, 

or using a fire, campfire, or stove fire. 

(b) Using an explosive. 

(c) Smoking. 

(d) Smoking, except within an 

enclosed vehicle or building, at a 

recreation site, or while stopped in an 

area at least 3 feet in diameter that is 

barren or cleared of all flammable 

material. 

(e) Entering or being in an area. 

(f) Entering an area without any 

firefighting tool prescribed by the order. 

(g) Operating an internal combustion 

engine. 

(h) Welding or operating an acetylene 

or other torch with open flame. 

■ 12. Amend § 261.53 by revising the 

section heading and introductory text to 

read as follows: 

§ 261.53 Special closures or restrictions. 

When provided by an order, it is 

prohibited to go into or be in any area 

which is closed or restricted for the 

protection of: 

* * * * * 

■ 13. Amend § 261.54 by removing 

paragraph (f). 

■ 14. Amend § 261.58 by revising 

paragraphs (b), (d), and (bb) to read as 

follows: 

§ 261.58 Occupancy and use. 

* * * * * 

(b) Entering or using a recreation site 

or portion thereof. 

* * * * * 

(d) Occupying a recreation site with 

prohibited camping equipment 

prescribed by the order. 

* * * * * 

(bb) Possessing an alcoholic beverage. 

* * * * * 

Homer Wilkes, 

Under Secretary, Natural Resources and 

Environment. 

[FR Doc. 2024–27555 Filed 11–22–24; 8:45 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R07–OAR–2024–0540; FRL–12405– 

01–R7] 

Finding of Failure To Attain and 

Reclassification of the Missouri 

Portion of the St. Louis Nonattainment 

Area as Serious for the 2015 Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Missouri portion of the St. Louis, MOIL bi-State nonattainment area failed to 

attain the 2015 ozone National Ambient 

Air Quality Standards (NAAQS) by the 

applicable attainment date. The effect of 

failing to attain by the applicable 

attainment date is that the area will be 

reclassified by operation of law to 

‘‘Serious’’ nonattainment for the 2015 

ozone NAAQS on December 31, 2024, 

the effective date of this final rule. This 

action fulfills the EPA’s obligation 

under the Clean Air Act (CAA) to 

determine whether ozone 

nonattainment areas attained the 

NAAQS by the attainment date and to 

publish a document in the Federal 

Register identifying each area that is 

determined as having failed to attain 

and identifying the reclassification. The 

corresponding action for the Illinois 

portion of the St. Louis, MO-IL bi-State 

area is being taken separately. 

DATES: This final rule is effective on 

December 31, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2024–0540. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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 through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Vit, Environmental Protection 

Agency, Region 7 Office, Air and 

Radiation Division, 11201 Renner 


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1A DV is a statistic used to compare data 

collected at an ambient air quality monitoring site 

to the applicable NAAQS to determine compliance 

with the standard. The data handling conventions 

for calculating DVs for the 2015 ozone NAAQS are 

specified in appendix U to 40 CFR part 50. The DV 

for the 2015 ozone NAAQS is the 3-year average of 

the annual fourth highest daily maximum 8-hour 

average ozone concentration. The DV is calculated 

for each air quality monitor in an area, and the DV 

for an area is the highest DV among the individual 

monitoring sites located in the area. 

2Specifically, we are referring to the EPAapproved Missouri regulation 10 Code of State 

Regulations (CSR) 10–6.060, titled ‘‘Construction 

Permits Required.’’ Most recently revised and 

approved into Missouri’s SIP on August 11, 2022 

(85 FR 49530). 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7697; 

email address: vit.wendy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview of Action 

The EPA is required to determine 

whether areas designated nonattainment 

for an ozone NAAQS attained the 

standard by the applicable attainment 

date, and to take certain steps for areas 

that failed to attain (see CAA section 

181(b)(2)). The EPA’s determination of 

attainment for the 2015 ozone NAAQS 

is based on a nonattainment area’s 

design value (DV) as of the attainment 

date.1

The 2015 ozone NAAQS is met at an 

EPA regulatory monitoring site when 

the DV does not exceed 0.070 parts per 

million (ppm). For the Moderate 

nonattainment areas for the 2015 ozone 

NAAQS addressed in this action, the 

attainment date was August 3, 2024. 

Because the DV is based on the three 

most recent, complete calendar years of 

data, attainment must occur no later 

than December 31 of the year prior to 

the attainment date (i.e., December 31, 

2023, in the case of Moderate 

nonattainment areas for the 2015 ozone 

NAAQS). As such, the EPA’s 

determinations for each area are based 

upon the complete, quality-assured, and 

certified ozone monitoring data from 

calendar years 2021, 2022, and 2023. 

This action addresses the Missouri 

portion of the St. Louis bi-State 

nonattainment area (hereafter St. Louis 

area) that was classified as Moderate for 

the 2015 ozone NAAQS as of the 

Moderate area attainment date of August 

3, 2024. Table 1 provides a summary of 

the DVs and the EPA’s air quality-based 

determinations for the St. Louis area. 

TABLE 1—SUMMARY OF NONATTAINMENT AREAS IN MISSOURI CLASSIFIED AS MODERATE FOR THE 2015 OZONE NAAQS 

Nonattainment 

area 

2021–2023 design 

value (DV) 

(ppm) 

Attainment by the attainment 

date 

St. Louis ............................................................................................................... 0.074 Failed to attain. 

The EPA is finding that the St. Louis 

area as shown in table 1 did not attain 

by the attainment date, because the 

2021–2023 DVs are greater than 0.070 

ppm. If the EPA determines that a 

nonattainment area classified as 

Moderate failed to attain by the 

attainment date, CAA section 

181(b)(2)(B) requires the EPA to publish 

a document in the Federal Register, no 

later than 6 months following the 

attainment date, identifying each such 

area and identifying the applicable 

reclassification. 

Under CAA section 181(b)(2)(A), the 

effect of this determination is that the 

St. Louis area will be reclassified by 

operation of law as Serious on the 

effective date of this final rule. The 

reclassified area will then be subject to 

the Serious area requirement to attain 

the 2015 ozone NAAQS as 

expeditiously as practicable, but not 

later than August 3, 2027. 

Upon reclassification, stationary air 

pollution sources in the St. Louis ozone 

nonattainment areas will be subject to 

Serious ozone nonattainment area New 

Source Review (NSR) and title V permit 

requirements. The source applicability 

thresholds for major sources and major 

source modification emissions will be 

50 tons per year (tpy) for volatile 

organic compounds (VOC) and nitrogen 

oxides (NOX). For new and modified 

major stationary sources subject to 

review under Missouri regulation 10 

CSR 10–6.060, in the EPA approved 

State implementation plan (SIP),2 VOC 

and NOX emission increases from the 

proposed construction of the new or 

modified major stationary sources must 

be offset by emission reductions by a 

minimum offset ratio of 1.20 to 1 (see 

CAA section 182(c)(10)). 

Once reclassified as Serious, Missouri 

must submit to the EPA the SIP 

revisions for this area that satisfies the 

statutory and regulatory requirements 

applicable to Serious areas established 

in CAA section 182(c) and in the 2015 

Ozone NAAQS SIP Requirements Rule 

(see 83 FR 62998, December 6, 2018). 

The EPA is establishing deadlines for 

submitting SIP revisions for newly 

reclassified areas in a separate action. 

II. What is the background for this 

action? 

On October 26, 2015, the EPA issued 

its final action to revise the NAAQS for 

ozone to establish a new 8-hour 

standard (see 80 FR 65452, October 26, 

2015). In that action, the EPA 

promulgated identical tighter primary 

and secondary ozone standards 

designed to protect public health and 

welfare that specified an 8-hour ozone 

level of 0.070 ppm. Specifically, the 

standards require that the 3-year average 

of the annual fourth highest daily 

maximum 8-hour average ozone 

concentration may not exceed 0.070 

ppm. 

Effective on August 3, 2018, the EPA 

designated 52 areas throughout the 

country as nonattainment for the 2015 

ozone NAAQS (see 83 FR 25776, June 

4, 2018). As part of that action, the EPA 

designated the St. Louis, MO-IL bi-State 

area as Marginal nonattainment for the 

2015 Ozone NAAQS. The area included 

Boles Township of Franklin County, St. 

Charles County, St. Louis County, and 

St. Louis City in Missouri, and Madison 

and St. Clair Counties in Illinois. As 

part of that same action, EPA designated 

Jefferson County and the remaining 

portion of Franklin County, in Missouri, 

and Monroe County in Illinois, as 

attainment/unclassifiable. On July 10, 

2020, the District of Columbia Circuit 

Court remanded the Jefferson County, 

Missouri, and Monroe County, Illinois, 

designations (among other designations) 

to the EPA. The Court upheld EPA’s 

designation of Boles Township as 

nonattainment and the remainder of 

Franklin County as attainment/ 

unclassifiable. In response to the Court 

remand, the EPA revised the Jefferson 

County, Missouri, and Monroe County, 

Illinois, designation to nonattainment 

on May 26, 2021 (86 FR 31438). 

In a separate action, the EPA assigned 

classification thresholds and attainment 

dates based on the severity of an area’s 

ozone problem, determined by the area’s 

DV (see 83 FR 10376, May 8, 2018). The 

EPA established the attainment date for 

Marginal, Moderate, and Serious 

nonattainment areas as 3 years, 6 years, 

and 9 years, respectively, from the 

effective date of the final designations. 


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3All nonattainment areas named in this action 

that failed to attain by the attainment date would 

be classified to the next higher classification, 

Serious. None of the affected areas has a DV that 

would otherwise place an area in a higher 

classification. 

4See 40 CFR 50.19. 

5According to appendix U to 40 CFR part 50, 

ambient monitoring sites with a DV of 0.070 ppm 

or less must meet minimum data completeness 

requirements in order to be considered valid. These 

requirements are met for a 3-year period at a site 

if daily maximum 8-hour average ozone 

concentrations are available for at least 90% of the 

days within the ozone monitoring season, on 

average, for the 3-year period, with a minimum of 

at least 75% of the days within the ozone 

monitoring season in any one year. Ozone 

monitoring seasons are defined for each State in 

appendix D to 40 CFR part 58. DVs greater than 

0.070 ppm are considered to be valid regardless of 

the data completeness. 

6The EPA maintains the AQS, a database that 

contains ambient air pollution data collected by the 

EPA, state, local, and Tribal air pollution control 

agencies. The AQS also contains meteorological 

data, descriptive information about each monitoring 

station (including its geographic location and its 

operator) and data quality assurance/quality control 

information. The AQS data is used to (1) assess air 

quality, (2) assist in attainment/non-attainment 

designations, (3) evaluate SIPs for non-attainment 

areas, (4) perform modeling for permit review 

analysis, and (5) prepare reports for Congress as 

mandated by the CAA. Access is through the 

website at https://www.epa.gov/aqs. 

7Annual monitoring network plans for each state 

are available at https://www.epa.gov/amtic/statemonitoring-agency-annual-air-monitoring-plansand-network-assessments. 

Thus, the attainment date for Marginal 

nonattainment areas for the 2015 ozone 

NAAQS was August 3, 2021, the 

attainment date for Moderate areas was 

August 3, 2024, and the attainment date 

for Serious areas is August 3, 2027. On 

October 7, 2022 (87 FR 60897), the EPA 

determined that 22 areas, including the 

St. Louis area addressed in this action, 

did not attain the standards by the 

Marginal attainment date, and was 

reclassified as Moderate by operation of 

law. 

III. What is the statutory authority for 

this action? 

The statutory authority for this 

determination is provided by the CAA, 

as amended (42 U.S.C. 7401 et seq.). 

Relevant portions of the CAA include, 

but are not necessarily limited to, 

sections 181 and 182. 

CAA section 107(d) provides that 

when the EPA establishes or revises a 

NAAQS, the agency must designate 

areas of the country as nonattainment, 

attainment, or unclassifiable based on 

whether an area is not meeting (or is 

contributing to air quality in a nearby 

area that is not meeting) the NAAQS, 

meeting the NAAQS, or cannot be 

classified as meeting or not meeting the 

NAAQS, respectively. Subpart 2 of part 

D of title I of the CAA governs the 

classification, state planning, and 

emissions control requirements for any 

areas designated as nonattainment for a 

revised primary ozone NAAQS. In 

particular, CAA section 181(a)(1) 

requires each area designated as 

nonattainment for a revised ozone 

NAAQS to be classified at the same time 

as the area is designated based on the 

extent of the ozone problem in the area 

(as determined based on the area’s DV). 

Classifications for ozone nonattainment 

areas are ‘‘Marginal,’’ ‘‘Moderate,’’ 

‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme,’’ in 

order of stringency. CAA section 182 

provides the specific attainment 

planning and additional requirements 

that apply to each ozone nonattainment 

area based on its classification. 

Section 181(b)(2)(A) of the CAA 

requires that within 6 months following 

the applicable attainment date, the EPA 

shall determine whether an ozone 

nonattainment area attained the ozone 

standard based on the area’s DV as of 

that date. Under CAA section 181(a)(5) 

as interpreted by the EPA in 40 CFR 

51.1307, upon application by any state, 

the EPA may grant a 1-year extension to 

the attainment date when certain 

criteria are met. One criterion for a first 

attainment date extension is that an 

area’s fourth highest daily maximum 8- 

hour value for the attainment year must 

not exceed the level of the standard. 

In the event an area fails to attain the 

ozone NAAQS by the applicable 

attainment date and is not granted a 1- 

year attainment date extension, CAA 

section 181(b)(2)(A) requires the EPA to 

make the determination that an ozone 

nonattainment area failed to attain the 

ozone standard by the applicable 

attainment date, and requires the area to 

be reclassified by operation of law to the 

higher of: (1) The next higher 

classification for the area, or (2) the 

classification applicable to the area’s DV 

as of the determination of failure to 

attain.3 Section 181(b)(2)(B) of the CAA 

requires the EPA to publish the 

determination of failure to attain and 

accompanying reclassification in the 

Federal Register no later than 6 months 

after the attainment date, which in the 

case of the Moderate nonattainment 

areas considered in this determination 

is February 3, 2025. 

Once an area is reclassified, each state 

that contains a reclassified area is 

required to submit certain SIP revisions 

in accordance with its more stringent 

classification. The SIP revisions are 

intended to, among other things, 

demonstrate how the area will attain the 

NAAQS as expeditiously as practicable, 

but no later than August 3, 2027, the 

Serious area attainment date for the 

2015 ozone NAAQS. Per CAA section 

182(i), a state with a reclassified ozone 

nonattainment area must submit the 

applicable attainment plan requirements 

‘‘according to the schedules prescribed 

in connection with such requirements’’ 

in CAA section 182(c) for Serious areas, 

but the EPA ‘‘may adjust applicable 

deadlines (other than attainment dates) 

to the extent such adjustment is 

necessary or appropriate to assure 

consistency among the required 

submissions.’’ The EPA is addressing 

the SIP revision and implementation 

deadlines for newly reclassified Serious 

areas, as well as the continued 

applicability of Moderate area 

requirements if they have not yet been 

met, in a separate rulemaking. 

IV. How does the EPA determine 

whether an area has attained the 

standard? 

The level of the 2015 ozone NAAQS 

is 0.070 ppm.4 Under the EPA 

regulations at 40 CFR part 50, appendix 

U, the 2015 ozone NAAQS is attained at 

a site when the 3-year average of the 

annual fourth highest daily maximum 8- 

hour average ambient ozone 

concentration (i.e., DV) does not exceed 

0.070 ppm. When the DV does not 

exceed 0.070 ppm at each ambient air 

quality monitoring site within the area, 

the area is deemed to be attaining the 

ozone NAAQS. Each area’s DV is 

determined by the highest DV among 

monitors with valid DVs.5 The data 

handling convention in appendix P 

dictates that concentrations shall be 

reported in ‘‘ppm’’ to the third decimal 

place, with additional digits to the right 

being truncated. Thus, a computed 3- 

year average ozone concentration of 

0.071 ppm is greater than 0.070 ppm 

and would exceed the standard, but a 

computed 3-year average ozone 

concentration of 0.0709 ppm is 

truncated to 0.070 ppm and attains the 

2015 ozone NAAQS. 

The EPA’s determination of 

attainment is based upon hourly ozone 

concentration data for calendar years 

2021, 2022, and 2023 that have been 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

reported to the EPA’s Air Quality 

System (AQS) database.6

State and local monitoring network 

plans are subject to approval by the EPA 

on an annual basis and any interim 

modifications to those plans must also 

be approved by the EPA.7 The annual 

monitoring network plan process is 

provided in 40 CFR 58.10 and the 

requirements governing system 

modifications and monitor 

discontinuations are laid out in 40 CFR 

58.14. Where state or local agencies seek 

to modify the ambient air quality 


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monitoring networks by discontinuing a 

monitor station, the EPA may approve 

such modifications subject to the 

criteria established in 40 CFR 58.14(c). 

The EPA may not approve such 

discontinuation if doing so would 

compromise data collection needed for 

implementation of a NAAQS. If a 

monitor has been discontinued subject 

to 40 CFR 58.14 such that the 

discontinuation results in insufficient 

data to calculate a valid DV according 

to appendix U to 40 CFR part 50, the 

EPA will determine the applicable 

area’s attainment status based on the 

remaining monitors in the area. 

V. What is the EPA’s determination for 

the area? 

The EPA is determining that the St. 

Louis Moderate nonattainment area 

addressed in this action failed to attain 

the 2015 ozone NAAQS by the 

attainment date of August 3, 2024. As 

shown in table 1, at least one monitor 

in this area had a 2021–2023 DV greater 

than 0.070 ppm. The EPA has further 

determined that the St. Louis area did 

not meet the requirement under section 

181(a)(5)(B) and 40 CFR 51.1307 

necessary to grant a 1-year extension of 

the attainment date, because at least one 

monitor in the area had a 2023 fourth 

highest daily maximum 8-hour average 

that was greater than 0.070 ppm. Table 

2 shows the annual fourth highest daily 

maximum 8-hour average ozone 

concentration and 2021–2023 DV for 

each monitor in the St. Louis, MO-IL 

area. 

TABLE 2—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE ST. LOUIS, MO-IL AREA * 

AQS site ID County State 

Fourth highest daily maximum 8-hour 

average ozone concentration 

(ppm) 

2021–2023 

design 

value (DV) 

(ppm) 2021 2022 2023 

290990019 ......................... Jefferson ............................ Missouri ............................. 0.073 0.067 0.078 0.072 

291831002 ......................... Saint Charles ..................... Missouri ............................. 0.067 0.071 0.080 0.072 

291831004 ......................... Saint Charles ..................... Missouri ............................. 0.065 0.067 0.073 0.068 

291890005 ......................... Saint Louis ......................... Missouri ............................. 0.065 0.061 0.077 0.067 

291890014 ......................... Saint Louis ......................... Missouri ............................. 0.065 0.067 0.081 0.071 

295100085 ......................... St. Louis City ..................... Missouri ............................. 0.068 0.068 0.077 0.071 

171190120 ......................... Madison ............................. Illinois ................................. 0.070 0.076 0.078 0.074 

171190122 ......................... Madison ............................. Illinois ................................. 0.070 0.067 0.078 0.071 

171193007 ......................... Madison ............................. Illinois ................................. 0.070 0.072 0.077 0.073 

171630010 ......................... Saint Clair .......................... Illinois ................................. 0.066 0.067 0.077 0.070 

* Monitors that did not meet completeness criteria and do not have a valid design value are not shown. 

VI. What action is the EPA taking? 

Pursuant to CAA section 181(b)(2), 

the EPA is determining that the St. 

Louis area failed to attain the 2015 

ozone NAAQS by the applicable 

attainment date of August 3, 2024. 

Therefore, upon the effective date of this 

final action, the area will be reclassified, 

by operation of law, to Serious for the 

2015 ozone NAAQS. Once reclassified 

as Serious, the area will be required to 

attain the standard ‘‘as expeditiously as 

practicable’’ but no later than 9 years 

after the initial designation as 

nonattainment, which in this case 

would be no later than August 3, 2027. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedures are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making this final agency 

action without prior proposal and 

opportunity for comment because our 

action to determine whether this area 

has attained the NAAQS by the 

attainment date is governed, per CAA 

section 181(b)(2)(A), solely by area 

design values as of that date. The area 

design values relied upon in this 

document are calculations based on the 

certified air quality monitoring data 

governed by EPA’s regulations and 

involve no judgment or discretion. 

Thus, notice and public procedures are 

unnecessary to take this action. The 

EPA finds that this constitutes good 

cause under 5 U.S.C. 553(b)(B). 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive Order 

14094 (88 FR 21879, April 11, 2023). 

B. Paperwork Reduction Act (PRA) 

This rule does not impose an 

information collection burden under the 

provisions of the PRA of 1995 (44 U.S.C. 

3501 et seq.). This action does not 

contain any information collection 

activities and serves only to make a final 

determination that the St. Louis 

nonattainment area failed to attain the 

2015 ozone standards by the August 3, 

2024, attainment date where such area 

will be reclassified as Serious 

nonattainment for the 2015 ozone 

standards by operation of law upon the 

effective date of the final reclassification 

action. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This action will not impose any 

requirements on small entities. The 

determination of failure to attain the 

2015 ozone standards (and resulting 

reclassifications), do not in and of 

themselves create any new requirements 

beyond what is mandated by the CAA. 

This final action would require the State 

to adopt and submit SIP revisions to 

satisfy CAA requirements and would 

not itself directly regulate any small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 


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enforceable duty on any state, local, or 

Tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the Federal 

Government and the States for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), requires the EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This action does not have 

Tribal implications as specified in 

Executive Order 13175. This action does 

not apply on any Indian reservation 

land, any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction, or nonreservation areas of Indian country. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

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

applying to those regulatory actions that 

concern environmental health or safety 

risks that the EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. Therefore, the EPA 

is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. The EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ The EPA further defines the 

term fair treatment to mean that ‘‘no 

group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

communities with EJ concerns. 

K. Congressional Review Act (CRA) 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. The rule makes a factual 

determination for an identified entity, 

the St. Louis area, based on facts and 

circumstances specific to that entity. 

The determinations of attainment and 

failure to attain the 2015 ozone NAAQS 

do not in themselves create any new 

requirements beyond what is mandated 

by the CAA. 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 24, 2025. Filing a 

petition for reconsideration by the 

Administrator of this action does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

this action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 18, 2024. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, 40 CFR part 81 is amended as 

follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. 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 

■ 2. In § 81.326, the table entitled 

‘‘Missouri—2015 8-Hour Ozone NAAQS 

[Primary and Secondary]’’ is amended 

by revising the entry ‘‘St. Louis, MO-IL’’ 

to read as follows: 

§ 81.326 Missouri. 

* * * * * 

MISSOURI—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

St. Louis, MO-IL: ............................................................................. ................................ Nonattainment ....... 12/31/24 Serious. 


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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 92821 

MISSOURI—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Franklin County (part). 

Boles Township: 

Jefferson County ............................................................... July 14, 2021 3.

St. Charles County. 

St. Louis County. 

City of St. Louis. 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the 

designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, 

but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, 

the implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later 

designation date. 

* * * * * 

[FR Doc. 2024–27382 Filed 11–22–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0308; FRL–12327–01– 

OCSPP] 

Various Fragrance Components in 

Pesticide Formulations; Tolerance 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of various 

fragrance components listed in Unit II of 

this document when they used as inert 

ingredients in antimicrobial 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils 

when the end-use concentration does 

not exceed 33 parts per million (ppm). 

Innovative Reform Group, on behalf of 

The Clorox Company, submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of various 

fragrance components, when used in 

accordance with the terms of those 

exemptions. 

DATES: This regulation is effective 

November 25, 2024. Objections and 

requests for hearings must be received 

on or before January 24, 2025 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–2021–0308, is 

available at https://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 and the OPP 

docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

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

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Registration Division 

(7505T), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(202) 566–1030; 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 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2021–0308 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

January 24, 2025. 

EPA’s Office of Administrative Law 

Judges (OALJ), where the Hearing Clerk 

is housed, urges parties to file and serve 

documents by electronic means only, 

notwithstanding any other particular 

requirements set forth in other 

procedural rules governing those 

proceedings. See ‘‘Revised Order Urging 

Electronic Service and Filing’’, dated 


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