Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 78755 

direct costs on tribal governments or 

preempt tribal law.’’ 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: December 16, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2014–30717 Filed 12–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2014–0900; FRL–9921–23– 

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: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing 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. In addition to the redesignation 

request, EPA is proposing to approve a 

State Implementation Plan (SIP) 

revision containing a maintenance plan 

for the O3 standard for the Missouri 

portion of the St. Louis area. In a 

separate action published in the Federal 

Register on June 12, 2012, EPA has 

taken final action to address the Illinois 

portion of the St. Louis area. 

DATES: Comments must be received on 

or before January 30, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2014–0900, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: kemp.lachala@epa.gov. 

3. Mail or Hand Delivery or Courier: 

Ms. Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, Air and Waste 

Management Division, 11201 Renner 

Boulevard, Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2014– 

0900. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and should be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. 

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 action is EPA proposing to take? 

II. What is the background for EPA’s 

proposed actions? 

III. What are the criteria for redesignation to 

attainment? 

IV. What is EPA’s analysis of the state’s 

request? 

V. Summary of Proposed Actions 

VI. Statutory and Executive Order Reviews 

I. What action is EPA proposing to 

take? 

EPA is proposing to approve actions 

related to Missouri’s request to 

redesignate the St. Louis area to 

attainment for the 1997 8-hour ozone 

standard. Missouri submitted the first 

request on November 3, 2011, and then 

supplemented and revised their request 

on April 29, 2014. In this notice, when 

EPA refers to Missouri’s redesignation 

request, we are referring to both the 

2011 and 2014 submissions together 

unless otherwise specified. Today’s 

proposed actions are summarized as 

follows and described in greater detail 

throughout this notice of proposed 

rulemaking. EPA proposes to approve 

the redesignation request for the 

Missouri portion of the St. Louis area to 

attainment for the 1997 8-hour O3

NAAQS, and also proposes to approve 

under section 175A of the Clean Air Act 

(CAA or Act), Missouri’s 1997 8-hour O3

NAAQS maintenance plan. 

First, EPA proposes to determine that 

the Missouri portion of the St. Louis 

area has met the requirements for 

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

of the CAA. In this action, EPA is 

proposing to approve a request to 

change the legal designation of Franklin, 

Jefferson, St. Charles, and St. Louis 

Counties along with the City of St. Louis 

from nonattainment to attainment for 

the 1997 8-hour O3 NAAQS. 


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1The design value is the highest three-year 

average of the fourth-highest daily maximum 8-hour 

average for all monitors within the area. 

Second, EPA is proposing to approve 

Missouri’s 1997 8-hour ozone (O3) 

NAAQS maintenance plan for the 

Missouri portion of the St. Louis area as 

meeting the requirements of CAA 

section 175A (such approval being one 

of the CAA criteria for redesignation to 

attainment status). The maintenance 

plan is designed to keep the St. Louis 

area in attainment of the 1997 8-hour O3

NAAQS through 2025. 

II. What is the background for EPA’s 

proposed actions? 

Ground-level ozone is generally not 

emitted directly by sources. Rather, 

directly-emitted oxides of nitrogen 

(NOX) and volatile organic compounds 

(VOC) react in the presence of sunlight 

to form ground-level ozone, as a 

secondary pollutant, along with other 

secondary compounds. NOX and VOC 

are referred to as precursors of ozone. 

Reduction of peak ground-level ozone 

concentrations is typically achieved 

through controlling of VOC and NOX

emissions. 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

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

Upon promulgation of a new or revised 

NAAQS, the CAA requires EPA to 

designate as nonattainment any area 

that is violating the NAAQS, based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. On April 30, 2004, 

EPA published a final rule designating 

and classifying areas under the 8-hour 

ozone NAAQS. (69 FR 23857). These 

designations became effective on June 

15, 2004. EPA designated as 

nonattainment any area that was 

violating the 8-hour ozone NAAQS 

based on the three most recent years of 

air quality data, 2001–2003. 

The CAA contains two sets of 

provisions, subpart 1 and subpart 2, that 

address planning and control 

requirements for nonattainment areas. 

(Both are found in title I, part D, of the 

CAA; 42 U.S.C. 7501–7509a and 7511– 

7511f, respectively.) Subpart 1 contains 

general requirements for nonattainment 

areas for any pollutant, including ozone, 

governed by a NAAQS. Subpart 2 

provides more specific requirements for 

ozone nonattainment areas. 

Under EPA’s implementation rule for 

the 1997 8-hour ozone standard, (69 FR 

23951, April 30, 2004), an area was 

classified under subpart 2 based on its 

8-hour ozone design value (i.e. the 

three-year average annual fourth-highest 

daily maximum 8-hour average ozone 

concentration), if it had a 1-hour design 

value at the time of designation at or 

above 0.121 ppm (the lowest 1-hour 

design value in Table 1 of subpart 2) (69 

FR 23954). All other areas were covered 

under subpart 1, based upon their 8- 

hour design values (69 FR 23958). The 

St. Louis area was designated as a 

subpart 2, 8-hour ozone moderate 

nonattainment area by EPA on April 30, 

2004 (69 FR 23857, 23898, and 23915), 

based on air quality monitoring data 

from 2001–2003 (69 FR 23860). 40 CFR 

50.10 and 40 CFR part 50, appendix I 

provide that the 8-hour ozone standard 

is attained when the three-year average 

of the annual fourth-highest daily 

maximum 8-hour average ozone 

concentration is less than or equal to 

0.08 ppm, when rounded. The data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is 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). 

In this proposed redesignation, EPA 

takes into account a number of 

decisions and orders of the D.C. Circuit 

and Supreme Court of the United States 

regarding the status of EPA’s Cross State 

Air Pollution Rule (CSAPR) that impact 

this proposed redesignation action. The 

effect of those court actions on this 

rulemaking are discussed in detail in 

Section IV of this notice. 

III. What are the criteria for 

redesignation to attainment? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation provided the following 

criteria are met: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS, (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

area under section 110(k), (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions, (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A, and (5) the state containing such 

area has met all requirements applicable 

to the area under section 110 and part 

D of title I of the CAA. 

IV. What is EPA’s analysis of the state’s 

request? 

As stated above, in accordance with 

the CAA, EPA proposes in today’s 

action: (1) To redesignate the Missouri 

portion of the St. Louis to attainment for 

the 1997 8-hour O3 NAAQS; and (2) to 

approve the Missouri portion of the St. 

Louis area’s 1997 8-hour O3

maintenance plan. These actions are 

based upon EPA’s determination that 

the Missouri portion of the St. Louis 

area continues to attain the 1997 8-hour 

O3 NAAQS and that all other 

redesignation criteria have been met for 

the Missouri portion of the St. Louis 

area. The five redesignation criteria 

provided under CAA section 

107(d)(3)(E) are discussed in greater 

detail for the area in the following 

paragraphs of this section. 

Criteria (1)—The St. Louis Area Has 

Attained the 1997 8-Hour O3 NAAQS 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

section 107(d)(3)(E)(i)). EPA is 

proposing to determine that the St. 

Louis area is attaining the 1997 8-hour 

O3 NAAQS. 

For O3, an area may be considered to 

be attaining the 1997 8-hour ozone if it 

meets the 1997 8-hour ozone NAAQS, 

as determined in accordance with 40 

CFR 50.10 and appendix I of part 50, 

based on three complete, consecutive 

calendar years of quality-assured air 

quality monitoring data. To attain this 

NAAQS, the fourth-highest daily 

maximum 8-hour average ozone 

concentration is less than or equal to 

0.08 ppm. Based on the rounding 

convention described in 40 CFR part 50, 

appendix I, the standard is attained if 

the design value 1 is 0.084 ppm or 

below. The relevant data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA Air Quality System 

(AQS) database. The monitors generally 

should have remained at the same 

location for the duration of the 

monitoring period required for 

demonstrating attainment. 

On June 9, 2011, EPA determined that 

the St. Louis area was attaining the 1997 

8-hour O3 NAAQS (76 FR 33647). In 

that action, EPA reviewed O3

monitoring data from monitoring 

stations in the area for the 1997 8-hour 

O3 NAAQS for 2008–2010. These data 

have been quality-assured and are 

recorded in AQS. On April 30, 2012, at 

77 FR 25363, EPA also finalized a 

determination that the St. Louis area 

attained the 1997 8-hour O3 NAAQS by 

the applicable attainment date of June 

15, 2010. In addition, EPA has reviewed 

more recent data, which indicates that 


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2The 3 year design value for the 2010–2012 

period for the St. Louis area recorded a violation 

at 0.086 ppm, but the area has since come into 

attainment. 

3Under EPA’s rounding convention described 

above, the standard is attained if the design value 

is 0.084 ppm or below. 

the St. Louis area is currently attaining 

the 1997 8-hour O3 NAAQS. The most 

recent year available with complete, 

quality-assured and certified ambient air 

monitoring is 2013, during which the 

area recorded a three year average O3

concentration of 0.082 ppm. As 

summarized in Table 1 below, the 3- 

year average of annual arithmetic mean 

concentrations (i.e., design values) for 

the years 2010, 2011, and 2013 for the 

St. Louis area are below the 1997 8-hour 

O3 NAAQS. 

TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA FOR THE 1997 8- 

HOUR O3 NAAQS 

State County Monitor AQS site ID 

Annual O3 3-year design values (ppm) 

2008–2010 2009–2011 2010–2012 2011–2013 

Missouri .. Jefferson .......................... Arnold ............................... 29–099–0019 0.072 0.074 0.079 0.076 

Missouri .. St. Charles ....................... Orchard Farm ................... 29–183–1004 0.074 0.075 0.080 0.078 

West Alton ........................ 29–183–1002 0.077 0.079 0.086 0.082 

Missouri .. St. Louis ........................... Maryland Heights ............. 29–189–0014 0.071 0.075 0.082 0.080 

Pacific ............................... 29–189–0005 0.065 0.067 0.07 0.074 

Missouri .. St. Louis City .................... Blair Street ....................... 29–510–0085 0.069 0.071 0.079 0.077 

As discussed above, the design value 

for an area is the 3-year average of the 

fourth-highest daily maximum 8-hour 

average ozone concentration recorded at 

any monitor in the area for a 3-year 

period. Therefore, the 3-year design 

value for the period on which Missouri 

based its redesignation request (2008– 

2010) for the St. Louis area is 0.077 

ppm, which meets the NAAQS as 

described above. Additional details can 

be found in EPA’s final clean data 

determination for the St. Louis area (76 

FR 33647, June 9, 2011). EPA has 

reviewed the most recent data available, 

which indicate that the St. Louis area is 

currently attaining the 1997 O3 NAAQS 

beyond the submitted 3-year attainment 

period of 2008–2010.2 The certified 3- 

year design value for 2011–2013 is 0.082 

ppm.3 As discussed in more detail 

below, MDNR has committed to 

continue monitoring in this area in 

accordance with 40 CFR part 58. 

EPA proposes to determine that the 

data submitted by Missouri, as well as 

the data taken from AQS, and additional 

EPA analysis indicate that the St. Louis 

area is attaining the 1997 8-hour O3

NAAQS. 

Criteria (2)—The Missouri Portion of the 

St. Louis Area Has a Fully Approved SIP 

Under Section 110(k) and Criteria (5)— 

the Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D 

EPA has determined that Missouri has 

met all currently applicable SIP 

requirements for purposes of 

redesignation for the Missouri portion of 

the St. Louis area under section 110 of 

the CAA (general SIP requirements). 

Additionally, EPA has also determined 

that the Missouri SIP meets all SIP 

requirements currently applicable for 

purposes of redesignation under part D 

of title I of the CAA (requirements 

specific to moderate nonattainment 

areas), in accordance with CAA section 

107(d)(3)(E)(v). In addition, EPA has 

determined that the Missouri SIP has 

been fully approved with respect to all 

requirements applicable for purposes of 

redesignation in accordance with CAA 

section 107(d)(3)(E)(ii). 

In proposing these determinations, 

EPA ascertained which requirements are 

applicable to the Missouri portion of the 

St. Louis area and, if applicable, that 

they are fully approved under section 

110(k) of the CAA. See sections IV. a 

and b below. 

a. The Missouri Portion of the St. Louis 

Area Has Met All Applicable 

Requirements for Purposes of 

Redesignation Under Section 110 and 

Part D of the CAA 

General SIP Requirements. Section 

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

the general requirements for a SIP, 

which include enforceable emissions 

limitations and other control measures, 

means, or techniques; provisions for the 

establishment and operation of 

appropriate devices necessary to collect 

data on ambient air quality; and 

programs to enforce the limitations. 

General SIP elements and requirements 

are delineated in section 110(a)(2) of 

title I, part A of the CAA. These 

requirements include, but are not 

limited to, the following: (1) Submittal 

of a SIP that has been adopted by the 

state after reasonable public notice and 

hearing; (2) provisions for establishment 

and operation of appropriate procedures 

needed to monitor ambient air quality; 

(3) implementation of a source permit 

program; provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD)); (4) provisions for the 

implementation of part D requirements 

(Nonattainment New Source Review 

(NNSR) permit programs); (5) provisions 

for air pollution modeling; and (6) 

provisions for public and local agency 

participation in planning and emission 

control rule development. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. The section 110(a)(2)(D) 

requirements are not linked with a 

particular nonattainment area’s 

designation and classification in that 

state. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, EPA does not 

believe that the CAA’s interstate 

transport requirements should be 

construed to be applicable requirements 

for purposes of redesignation. 

In addition, EPA believes other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

attainment status are not applicable 

requirements for purposes of 

redesignation. The Missouri portion of 

the area will still be subject to these 

requirements after the area is 

redesignated. The section 110 and part 

D requirements which are linked with a 

particular area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request. This approach is consistent 

with EPA’s existing policy on 

applicability of conformity (i.e., for 

redesignations) and oxygenated fuels 

requirements, as well as with section 

184 ozone transport requirements. See 

Reading, Pennsylvania, proposed and 


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4 John Calcagni, Director Air Quality Management 

Division (MD–15), Office of Air Quality Planning 

and Standards. ‘‘Procedures for Processing Requests 

to Redesignate Areas to Attainment’’ Memorandum 

to EPA Director, Air, Pesticides, and Toxics 

Management Division, Regions I and IV, Director, 

Air and Waste Management Division, Region II, 

Director, Air, Radiation and Toxics Division, Region 

III, Director, Air and Radiation Division, Region V, 

Director, Air, Pesticides, and Toxics Division, 

Director, Air, and Toxics Division, Regions VII, VIII, 

IX, and X, September 4, 1992, (Calcagni 

Memorandum). 

final rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Loraine, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking at (60 FR 62748, December 

7, 1995). See also the discussion on this 

issue in the Cincinnati, Ohio, 

redesignation (65 FR 37890, June 19, 

2000), and in the Pittsburgh, 

Pennsylvania, redesignation (66 FR 

50399, October 19, 2001). 

Part D Requirements. EPA has 

determined that Missouri has met all 

currently applicable SIP requirements 

for purposes of redesignation for the 

Missouri portion of the St. Louis area 

under part D of the CAA. Subpart 1 of 

part D, found in sections 171–179 of the 

CAA, sets forth the basic nonattainment 

requirements applicable to all 

nonattainment areas. Subpart 2 of part 

D, which includes section 182 of the 

CAA, establishes additional specific 

requirements depending on the area’s 

nonattainment classification. 

The St. Louis area was classified as a 

moderate nonattainment area under 

subpart 2, therefore the state must meet 

the applicable requirements of both 

subpart 1 and subpart 2 of part D. The 

applicable subpart 1 requirements are 

contained in sections 172(c)(1)–(9) and 

in section 176. The applicable subpart 2 

requirements are contained in sections 

182(a) and (b) (marginal and moderate 

nonattainment area requirements). 

For purposes of evaluating this 

redesignation request, the applicable 

part D, subpart 1 SIP requirements for 

all nonattainment areas are contained in 

sections 172(c)(1)–(9) and in section 

176. A thorough discussion of the 

requirements contained in section 172 

can be found in the General Preamble 

for Implementation of title I (57 FR 

13498, April 16, 1992). 

Subpart 1 Section 172 Requirements: 

Section 172(c)(1) requires the plans for 

all nonattainment areas to provide for 

the implementation of all reasonably 

available control measures(RACM) as 

expeditiously as practicable and to 

provide for the attainment of the 

national ambient air quality standards. 

EPA interprets this requirement to 

impose a duty on all nonattainment 

areas to consider all available control 

measures and to adopt and implement 

such measures as are reasonably 

available for implementation in each 

area as components of the area’s 

attainment demonstration. Under 

Section 172, states with nonattainment 

areas must submit plans providing for 

timely attainment and meeting a variety 

of other requirements. Section 182 of 

the CAA, found in subpart 2 of part D, 

establishes additional specific 

requirements depending on the areas 

ozone nonattainment classification. For 

purposes of evaluating this 

redesignation request, the applicable 

part D, subpart 2 SIP requirements for 

all moderate nonattainment areas are 

contained in section 182 (b)(1) through 

(5). 

EPA’s longstanding interpretation of 

the nonattainment planning 

requirements of section 172 is that once 

an area is attaining the NAAQS, those 

requirements are not ‘‘applicable’’ for 

purposes of CAA section 107(d)(3)(E)(ii) 

and therefore need not be approved into 

the SIP before EPA can redesignate the 

area. In the 1992 General Preamble for 

Implementation of Title I, EPA set forth 

its interpretation of applicable 

requirements for purposes of evaluating 

redesignation requests when an area is 

attaining a standard. See 57 FR 13498, 

13564 (April 16, 1992). EPA noted that 

the requirements for reasonable further 

progress and other measures designed to 

provide for attainment do not apply in 

evaluating redesignation requests 

because those nonattainment planning 

requirements ‘‘have no meaning’’ for an 

area that has already attained the 

standard. Id. This interpretation was 

also set forth in the Calcagni 

Memorandum (September 4, 1992).4

EPA’s understanding of section 172 also 

forms the basis of its Clean Data Policy, 

which was articulated with regard to 

ozone in 40 CFR 51.918, and suspends 

a state’s obligation to submit most of the 

attainment planning requirements that 

would otherwise apply, including an 

attainment demonstration and planning 

SIPs to provide for reasonable further 

progress (RFP), RACM, and contingency 

measures under section 172(c)(9). 

Courts have upheld EPA’s interpretation 

of section 172(c)(1)’s ‘‘reasonably 

available’’ control measures and control 

technology as meaning only those 

controls that advance attainment, which 

precludes the need to require additional 

measures where an area is already 

attaining. NRDC v. EPA, 571 F.3d 1245, 

1252 (D.C. Cir. 2009); Sierra Club v. 

EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); 

Sierra Club v. EPA, 314 F.3d 735, 744 

(5th Cir. 2002). 

Therefore, because attainment has 

been determined in the St. Louis Area, 

no additional measures are needed to 

provide for attainment, and section 

172(c)(1) requirements for an attainment 

demonstration and RACM are no longer 

considered to be applicable for purposes 

of redesignation as long as the Area 

continues to attain the standard until 

redesignation. The section 172(c)(2) 

requirement that nonattainment plans 

contain provisions promoting 

reasonable further progress toward 

attainment is also not relevant for 

purposes of redesignation because EPA 

has determined that the St. Louis Area 

has monitored attainment of the 1997 8- 

hour ozone NAAQS. In addition, 

because the Area has attained the 

NAAQS and is no longer subject to an 

RFP requirement, the requirement to 

submit the section 172(c)(9) contingency 

measures is not applicable for purposes 

of redesignation. 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. 

Sections 172(c)(3) and 182(b)(1) 

require submission and approval of a 

comprehensive, accurate, and current 

inventory of actual emissions. Section 

182(b) references section 182(a) of the 

CAA which requires, in part, that states 

submit a current inventory of actual 

emissions (CAA Section 182(a)(1)). 

Missouri submitted a 2002 base-year 

emissions inventory on June 16, 2006, 

and EPA approved the submission on 

May 31, 2007, as meeting the section 

172(c)(3) and section 182(b)(1) 

emissions inventory requirement. See 

72 FR 30272. 

Section 172(c)(4) of the CAA requires 

the identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and CAA 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 has 

determined that, since the PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a nonattainment 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 a 

memorandum from Mary Nichols, 

Assistant Administrator for Air and 

Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 


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5EPA–R07–OAR–2014–0399. 

Redesignation to Attainment.’’ 

Nevertheless, Missouri currently has an 

approved NNSR program and Missouri’s 

approved PSD program for the 1997 8- 

hour O3 NAAQS will become effective 

in the Missouri portion of the St. Louis 

area upon redesignation to attainment. 

Section 172(c)(7) of the CAA requires 

the SIP to meet the applicable 

provisions of CAA section 110(a)(2). As 

noted previously, we believe the 

Missouri SIP meets the requirements of 

CAA section 110(a)(2) that are 

applicable 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 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 which EPA promulgated 

pursuant to its authority under the CAA. 

EPA approved the most recent revisions 

to the transportation conformity SIP for 

the Missouri portion of the St. Louis 

area on August 29, 2013 (78 FR 53247). 

Thus, for purposes of redesignating 

the Missouri portion of the St. Louis 

area to attainment, EPA is proposing 

that Missouri has satisfied all applicable 

requirements for purposes of 

redesignation for the St. Louis area 

under CAA section 110 and part D of 

title I of the CAA. 

Subpart 2 Section 182(a) and (b) 

Requirements Comprehensive Emissions 

Inventory. Section 182(a)(1) requires the 

submission of a comprehensive 

emission inventory. As mentioned 

above, EPA approved Missouri’s 2002 

inventory as meeting the section 

182(a)(1) comprehensive emissions 

inventory requirement. See 72 FR 

30272. Missouri also submitted a 2008 

emissions inventory as the base year as 

part of the maintenance plan. 

Emissions Statement. Section 

182(a)(3)(B) requires states with areas 

designated nonattainment for the ozone 

NAAQS to submit a SIP revision to 

require emissions statements to be 

submitted to the state by sources within 

that nonattainment area. EPA approved 

Missouri’s emission statement SIP on 

May 31, 2007 (72 FR 30272). 

VOC RACT. Section 182(b)(2) requires 

states with moderate nonattainment 

areas to implement RACT under section 

172(c)(1) with respect to each of the 

following: (1) All sources covered by a 

Control Technology Guideline (CTG) 

documented issued between November 

15, 1990, and the date of attainment; (2) 

all sources covered by a CTG issued 

prior to November 15, 1990; and, (3) all 

other major non-CTG stationary sources. 

With respect to the first category, EPA 

issued CTGs for five source categories in 

September 2006, three source categories 

in September 2007, and five additional 

source categories in Sept 2008. Areas 

classified as moderate and above were 

required to submit VOC RACT for the 

source categories covered by these 

CTGs, by September 2007, September 

2008, and September 2009, respectively. 

Missouri submitted a SIP revision on 

January 17, 2007, with a supplemental 

revision on June 1, 2007, and May 8, 

2012. EPA approved the VOC RACT 

rules on January 23, 2012, (77 FR 3144) 

and January 6, 2014 (79 FR 580). 

NOX RACT. Section 182(f) establishes 

NOX requirements for ozone 

nonattainment areas. However, it 

provides that these requirements do not 

apply to an area if the Administrator 

determines that NOX reductions would 

not contribute to attainment of the 

NAAQS. On July 21, 2011, EPA 

approved a request from Missouri to 

exempt sources of NOX in the Missouri 

portion of the St. Louis area from 

section 182(f) NOX RACT requirements. 

See 76 FR 43598. Therefore, the state of 

Missouri need not have fully approved 

NOX control measures under section 

182(f) for the Missouri portion of the St. 

Louis area to be redesignated to 

attainment. 

Stage II Vapor Recovery. Originally, 

the section 182(b)(3) Stage II 

requirements applied to all moderate 

ozone nonattainment areas. However, 

under section 202(a)(6) of the CAA, 42 

U.S.C. 7521(a)(6), the requirements of 

section 182(b)(3) no longer apply in 

moderate ozone nonattainment areas 

after EPA promulgated the onboard 

refueling vapor recovery standards on 

April 6, 1994 (59 FR 16262), codified at 

40 CFR parts 86 (including 86.098–8), 

88 and 600. Under implementation rules 

issued in 2002 for the 1997 8-hour 

ozone NAAQS, EPA retained the Stage 

II-related requirements under section 

182(b)(3) as they applied for the nowrevoked 1-hour ozone NAAQS. See 40 

CFR 51.900(f)(5)and 40 CFR 51.916(a). 

Therefore, as a moderate ozone 

nonattainment area for the 1997 

standard, the Missouri portion of the St. 

Louis area is not subject to the Stage 2 

vapor recovery program requirements. 

Vehicle Inspection and Maintenance 

(I/M). Section 182(b)(4) of the CAA 

requires states with areas designated 

nonattainment for the ozone NAAQS to 

submit SIPs requiring inspection and 

maintenance of vehicles (I/M). EPA 

approved Missouri’s 10 CSR 10–5.380 

‘‘Motor Vehicle Emissions Inspection’’ 

rule into the Missouri SIP on May 18, 

2000 (65 FR 31480), and approved an 

additional revision on May 12, 2003 (68 

FR 25414). Missouri replaced this rule 

with 10 CSR 10–5.381, ‘‘On-board 

Diagnostics Motor Vehicle Emissions 

Inspection’’, and has been implementing 

the program since 2007. EPA has 

included in the docket for this action 

the TSD for the proposed approval of 10 

CSR 10–5.381, which is being addressed 

in a separate action. The TSD explains 

in detail the projected emissions based 

on the state-approved I/M program. As 

demonstrated in the TSD, emissions 

have continued to trend downward 

since the implementation of this 

program by the State. The TSD further 

explains EPA’s basis for proposing 

approval of 10 CSR 10–5.381 into the 

SIP. If EPA receives comments on that 

proposal and they impact this 

redesignation request, EPA will address 

those comments in relation to this 

action as well.5

Thus, for purposes of redesignating 

the Missouri portion of the St. Louis 

area to attainment, EPA determines that 

Missouri has satisfied all applicable 

requirements for CAA section 110 and 

part D of title I of the CAA. 

b. The Missouri Portion of the St. 

Louis Area has a Fully Approved 

Applicable SIP Under Section 110(k) of 

the CAA. 

EPA has fully approved the state’s SIP 

for the Missouri portion of the St. Louis 

area for the 1997 8-hour ozone 

nonattainment area under section 110(k) 

of the CAA for all requirements 

applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (see Calcagni 

Memorandum at p. 3; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–90 (6th Cir. 

1998); Wall v. EPA, 265 F.3d 426(6th 

Cir. 2001, upholding this 

interpretation)) plus any additional 

measures it may approve in conjunction 

with a redesignation action (see 68 FR 

25426 (May 12, 2003) and citations 

therein). Following passage of the CAA 

of 1970, Missouri has adopted and 

submitted, and EPA has fully approved 

at various times, provisions addressing 

the various SIP elements applicable for 

the 1997 8-hour ozone NAAQS in the 


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St. Louis area (e.g., (72 FR 25975, May 

8, 2007) and (76 FR 40619, July 11, 

2011)). 

Criteria (3)—The Air Quality 

Improvement Is Due to Permanent and 

Enforceable Reductions in Emissions 

Resulting From Implementation of the 

SIP and Applicable Federal Air 

Pollution Control Regulations and Other 

Permanent and Enforceable Reductions 

(Section 107(d)(3)(E)(iii)). 

For redesignating a nonattainment 

area 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 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable reductions. EPA proposes to 

find that Missouri has demonstrated 

that the observed air quality 

improvement in the St. Louis area is due 

to permanent and enforceable 

reductions in emissions resulting from 

implementation of the SIP, Federal 

measures, and other state adopted 

measures discussed below. 

In making this demonstration, MDNR 

has calculated the change in emissions 

from a nonattainment year inventory to 

an attainment year inventory. For the 

nonattainment inventory, Missouri 

developed a 2002 base year emissions 

inventory. For the attainment inventory, 

Missouri developed an inventory for 

2008, one of the years the St. Louis area 

monitored attainment of the standard. 

See section b. below for discussion on 

development of these inventories. The 

reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of permanent and 

enforceable regulatory control measures 

that St. Louis and upwind areas have 

implemented in recent years. 

a. Permanent and Enforceable Controls 

Implemented 

The following is a discussion on the 

permanent and enforceable measures 

that have been implemented in the area. 

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 include the following: 

Tier 2 vehicle standards and lowsulfur gasoline. These emission control 

requirements result in lower VOC and 

NOX emissions from new cars and light 

duty trucks, including sport utility 

vehicles. The Federal rules were phased 

in between 2004 and 2009. EPA has 

estimated that, after phasing in the new 

requirements, new vehicles emit less 

NOX in the following percentages: 

Passenger cars (light duty vehicles)— 

seventy seven percent; light duty trucks, 

minivans, and sports utility vehicles— 

eighty six percent; and larger sports 

utility vehicles, vans, and heavier 

trucks—sixty-nine to ninety-five 

percent. VOC emission reductions are 

expected to range from 12 to 18 percent. 

EPA expects fleet wide average 

emissions to decline by similar 

percentages as new vehicles replace 

older vehicles. Some of these emission 

reductions occurred by the attainment 

years (2008–2010) and additional 

emission reductions will occur 

throughout the maintenance period. 

Heavy-duty Diesel Engine Rule. On 

October 6, 2000, EPA promulgated a 

rule to reduce NOX and VOC emissions 

from heavy-duty gasoline and diesel 

highway vehicles that began to take 

effect in 2004 (65 FR 59896). The 

program should achieve a ninety-five 

percent reduction in NOX emission for 

new engines compared to existing 

engines. 

Tier 4 Non-Road Diesel Engine Rule. 

Promulgated in 2004, this rule is being 

phased in between 2008 and 2014. This 

rule will require stricter emission 

standards for nonroad diesel engines. 

When fully implemented, these rules 

will reduce NOX emissions by up to 

ninety percent. Some of these emission 

reductions occurred by the attainment 

years (2008–2010) and additional 

emission reductions will occur 

throughout the maintenance period. 

Nonroad Large spark-ignition engines 

and recreational engines standards. The 

nonroad spark-ignition and recreational 

engine standards, effective in July 2003, 

regulate NOX, and hydrocarbons from 

groups of previously unregulated 

nonroad engines. These engine 

standards apply to large spark-ignition 

engines (e.g., forklifts and airport 

ground service equipment), recreational 

vehicles (e.g., off-highway motorcycles 

and all-terrain-vehicles), and 

recreational marine diesel engines sold 

in the United States and imported after 

the effective date of these standards. 

When all of the nonroad sparkignition and recreational engine 

standards are fully implemented, an 

overall seventy-two percent reduction in 

hydrocarbons and eighty percent 

reduction in NOX, emissions are 

expected by 2020. These controls will 

help reduce ambient concentrations of 

ozone. 

Furthermore, because ozone 

concentrations in the St. Louis area are 

likely impacted by the transport of 

nitrogen oxides, or transport of ozone 

produced downwind from nitrogen 

oxides, the area’s air quality is likely 

affected by regulation of NOX emissions 

from power plants in other states. EPA 

promulgated the NOX SIP Call, Clean 

Air Interstate Rule (CAIR) and CSAPR to 

address NOX emissions from large 

electric generating units (EGUs) and 

certain non-EGUs across the eastern 

United States. 

NOX SIP Call. On October 27, 1998 

(63 FR 57356), EPA issued the NOX SIP 

Call pursuant to the CAA to require 22 

states and the District of Columbia to 

reduce NOX emissions. Affected states 

were required to comply with Phase I of 

the SIP Call beginning in 2004, and 

Phase II beginning in 2007. As part of 

the NOX SIP Call, the eastern third of 

Missouri was required to comply with 

Phase II of the program. In response, 

Missouri developed rules governing the 

control of NOX emissions from EGUs, 

major non-EGU industrial boilers, major 

cement kilns, and large internal 

combustion engines. EPA approved 

Missouri’s Phase II NOX SIP Call rules 

on August 15, 2006 (71 FR 46860). 

Implementation of the Phase II rules 

was projected to result in an eighty-two 

percent NOX reduction from 1995 

levels. Missouri rules which address the 

NOX SIP call include: 

• 10 CSR 10–6.350, Emissions 

limitations and Emissions Trading of 

Oxides of Nitrogen 

• 10 CSR 10–6.360, Controlling NOX

Emissions From Electric Generating 

Units and Non-Electric Generating 

Boilers 

• 10 CSR 10–6.380, Control of NOX

Emissions From Portland Cement Kilns 

• 10 CSR 10–6.390, Control of NOX

Emissions From Large Stationary 

Internal Combustion Engines 

Clean Air Interstate Rule (CAIR) and 

the Cross State Air Pollution Rule 

(CSAPR). The Clean Air Interstate Rule 

(CAIR) was promulgated in 2005 and 

required twenty eight eastern states and 

the District of Columbia to significantly 

reduce emissions of SO2 and NOX from 

electric generating units (EGUs) in order 

to limit the interstate transport of these 

pollutants and the ozone and fine 

particulate matter these pollutants form 

in the atmosphere. 70 FR 25162 (May 

12, 2005). In 2008, the D.C. Circuit 

initially vacated CAIR and ordered EPA 

to replace CAIR in its entirety, North 

Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), but ultimately remanded the rule 

to EPA without vacatur in order 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, acting on the 


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6CAIR addressed the 1997 p.m.2.5 annual 

standard and the 1997 8-hour ozone standard. 

CSAPR addresses contributions from upwind states 

to downwind nonattainment and maintenance of 

the 2006 24-hour PM2.5 standard as well as the 

ozone and PM2.5 NAAQS addressed by CAIR. 

7EPA CAMD quarterly data: ftp://ftp.epa.gov/

dmdnload/emissions/daily/quarterly/. 

Court’s remand, EPA promulgated 

CSAPR in order to replace CAIR and 

address interstate transport of emissions 

and the resulting secondary formation of 

ozone and fine particulate matter (76 FR 

48208).6 CSAPR requires substantial 

reductions of SO2 and NOX emissions 

from EGUs in twenty eight states in the 

eastern United States. Implementation 

of the rule was scheduled to begin on 

January 1, 2012, when CSAPR’s capand-trade programs would have 

superseded the CAIR cap-and-trade 

programs. However, numerous parties 

filed petitions for review of CSAPR, and 

on December 30, 2011, the D.C. Circuit 

issued an order staying implementation 

of CSAPR pending resolution of the 

petitions for review and directing EPA 

to continue to administer CAIR. EME 

Homer City Generation, L.P. v. EPA, No. 

11–1302 (D.C. Cir. Dec. 30, 2011), ECF 

No. 1350421 at 2. 

On August 21, 2012, the D.C. Circuit 

issued a decision addressing a subset of 

the issues raised by the petitioners 

which vacated and remanded CSAPR to 

the Agency and once again ordered 

continued implementation of CAIR. 

EME Homer City Generation, L.P. v. 

EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The 

D.C. Circuit subsequently denied EPA’s 

petition for rehearing en banc. EME 

Homer City Generation, L.P. v. EPA, No. 

11–1302 (D.C. Cir. Jan. 24, 2013), ECF 

No. 1417012. EPA and other parties 

then petitioned the Supreme Court for a 

writ of certiorari, and the Supreme 

Court granted the petitions on June 24, 

2013. EPA v. EME Homer City 

Generation, L.P., 133 S. Ct. 2857 (2013). 

On April 29, 2014, the Supreme Court 

reversed the D.C. Circuit’s decision 

regarding CSAPR and remanded the 

case back to the D.C. Circuit for further 

proceedings consistent with its opinion. 

EPA v. EME Homer City Generation, 

L.P., 134 S. Ct. 1584 (2014). In light of 

the Supreme Court decision, EPA filed 

a motion asking the D.C. Circuit to lift 

the stay and toll all deadlines in CSAPR 

by three years, and on October 23, 2014, 

the D.C. Circuit granted EPA’s motion. 

EME Homer City Generation, L.P. v. 

EPA, No. 11–1302 (D.C. Cir. Oct. 23, 

2014), ECF No. 1518738 at 3. 

As noted above, CAIR was 

promulgated in 2005 and incentivized 

early reductions from sources in all 

covered states, including those upwind 

of the St. Louis area. On December, 14, 

2007, EPA approved Missouri’s CAIR 

rules into the SIP and the state’s CAIR 

rules became effective in 2009.(72 FR 

71073) With regard to the EGUs located 

in the Missouri portion of the St. Louis 

nonattainment area, the requirements in 

CAIR were no more stringent than the 

requirements under the NOX SIP Call 

other than the fact that the annual NOX

emissions had to be controlled in 

addition to ozone season NOX

emissions. The Missouri rule written to 

comply with the NOX SIP Call 

requirements for EGUs was replaced 

with the CAIR NOX regulations, 10 CSR 

10–6.362, Clean Air Interstate Rule 

Annual NOX Trading program and 10 

CSR 10–6.364, Clean Air Interstate Rule 

Seasonal NOX Trading program, and 

include limits for non-EGU boilers, 

specifically Trigen Units 5 and 6 and 

Anheuser Busch Unit 6. However, these 

three units have all been retired, and 

received retired unit exemptions that 

prohibit these units from operating. 

Missouri’s redesignation request lists 

CAIR as a control measure. CAIR was 

thus in place and getting emission 

reductions in Missouri and in states 

upwind of Missouri when the St. Louis 

area began monitoring attainment of the 

1997 8-hour ozone NAAQS, and the 

quality-assured, certified monitoring 

data used to demonstrate the area’s 

attainment of the 1997 8-hour ozone 

NAAQS is therefore impacted by CAIR. 

Furthermore, because ozone 

concentrations in the St. Louis area are 

likely impacted by the transport of 

nitrogen oxides, or transport of ozone 

produced downwind from nitrogen 

oxides, the area’s air quality is likely 

affected by regulation of NOX emissions 

from power plants in other states. 

Table 2 presents statewide NOX EGU 

emissions data for the years 2002 and 

2008 for the several states that were 

found to significantly contribute to 

ambient ozone concentrations in the St. 

Louis area. Emissions for 2008 reflect 

implementation of CAIR. Table 2 shows 

that states contributing to the St. Louis 

area reduced NOX emissions from EGUs 

by thirty nine percent between 2002 and 

2008. 

TABLE 2—COMPARISON OF 2002, 2008, AND 2013 STATEWIDE EGU NOX EMISSIONS TONS PER YEAR (TPY) FOR

STATES IMPACTING THE ST. LOUIS AREA 7

State 

EGU CAMD ozone season NOX

2002 

(tons) 

2008 

(tons) 

Net change 

2002–2008 

(tons) 

2013 

(tons) 

Net change 

2008–2013 

(tons) 

AR .......................................................... 25,662 21,743 ¥3,920 22,614 871 

IL ............................................................ 100,374 57,565 ¥42,808 29,158 ¥28,407 

IN ........................................................... 158,379 94,253 ¥64,126 59,232 ¥35,021 

KY .......................................................... 107,953 69,007 ¥38,946 47,014 ¥21,994 

MI ........................................................... 78,343 57,124 ¥21,219 38,241 ¥18,883 

MO ......................................................... 77,389 48,627 ¥28,762 42,629 ¥5,997 

MS .......................................................... 30,583 27,445 ¥3,139 14,586 ¥12,859 

OH .......................................................... 215,907 102,730 ¥113,176 49,160 ¥53,571 

TN .......................................................... 95,012 38,902 ¥56,110 14,243 ¥24,659 

Total ................................................ 889,602 517,396 ¥372,206 316,877 ¥200,520 

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 

will therefore sunset at the end of 2014 

and be replaced by CSAPR beginning 

January 1, 2015. Relative to CAIR, 

CSAPR requires similar or greater 

emission reductions from relevant 

upwind areas starting in 2015 and 


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8EPA–R07–OAR–2014–0399. 

beyond. See Tables 6 through 8 for area 

emissions inventory projections that 

incorporate expected EGU emissions 

reductions from CSAPR within 

Missouri, and Table 9 for EGU 

emissions projections in states upwind 

of the St. Louis area. The emission 

reductions associated with CAIR that 

helped the St. Louis area achieve 

attainment of the 1997 8-hour ozone 

NAAQS can therefore be considered 

permanent and enforceable for purposes 

of redesignation under section 

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

State and Local Measures. Missouri 

has several other state regulations that 

provide permanent and enforceable 

controls for NOX and VOC emissions in 

the St. Louis area. These SIP approved 

rules include: 

• 10 CSR 10–5.070 ‘‘Open Burning 

Restrictions’’ 

• 10 CSR 10–6.070 ‘‘New Source 

Performance Regulations’’ 

• 10 CSR 10–6.075 ‘‘Maximum 

Achievable Control Technology 

Regulations’’ 

• 10 CSR 10–6.080 ‘‘Emissions 

Standards for Hazardous Air 

Pollutants’’ 

• 10 CSR 10–5.330 ‘‘Control of 

Emissions from Industrial Surface 

Coating Operations’’ 

• 10 CSR 10–5.340 ‘‘Control of 

Emissions from Rotogravure and 

Flexographic Printing’’ 

• 10 CSR 10–5.442 ‘‘Control of 

Emissions from Lithographic Printing 

Operations’’ 

• 10 CSR 10–5.455 ‘‘Control of 

Emissions from Solvent Cleanup 

Operations’’ 

Reformulated Gasoline (RFG). In July 

of 1998, Missouri requested that EPA 

extend the requirement for sale of RFG 

to St. Louis, Franklin, Jefferson, and St. 

Charles counties and the City of St. 

Louis in an effort to address the St. 

Louis ozone nonattainment area. On 

March 3, 1999 (64 FR 10366), EPA 

granted this request with compliance 

required by June 1, 1999. 

Vehicle Inspection and Maintenance 

Program. To meet nonattainment area 

requirements for the one-hour ozone 

standard, Missouri implemented an 

inspection and maintenance program 

beginning in 2000 in the counties of St. 

Louis, St. Charles, and Jefferson and the 

City of St. Louis. Missouri codified the 

program through state rule 10 CSR 10– 

5.380, ‘‘Motor Vehicle Emissions 

Inspection,’’ and EPA approved an 

additional revision to this rule on May 

12, 2003 (68 FR 25414). The program 

was established to address ozone 

formation and reduce NOX and VOC 

emissions in the area. The mobile 

source emissions inventory projections 

used in this demonstration incorporate 

a new inspection and maintenance 

program rule, 10 CSR 10–5.381, which 

replaces the 10–5.380 rule. The State 

has implemented 10 CSR 10–5.381 since 

2007. EPA has included in the docket 

for this action the TSD for the proposed 

approval of 10 CSR 10–5.381, which is 

being proposed for approval in a 

separate action.8 The TSD explains in 

detail the projected emissions based on 

the state-approved I/M program. As 

demonstrated in the TSD, emissions 

have continued to trend downward 

since the implementation of this 

program by the State. The TSD further 

explains EPA’s basis for proposing 

approve of 10 CSR 10–5.381 into the 

SIP. If EPA receives comments on that 

proposal and they impact this 

redesignation request, EPA will address 

those comments in relation to this 

action as well. 

b. Emission Reductions 

Missouri is using the 2002 

comprehensive emissions inventory 

submitted to EPA’s National Emissions 

Inventory (NEI) to meet the requirement 

of section 172(c)(3) of the CAA as the 

nonattainment base year inventory. 

MDNR’s inventory contains NOX and 

VOC emissions for point, area, nonroad 

and onroad sources and was EPA 

approved May 31, 2007, (http://

www.gpo.gov/fdsys/pkg/FR-2007-05-31/

html/E7-10231.htm). 

The St. Louis area attained the 1997 

8-hour O3 NAAQS based on monitoring 

data for the 3-year period from 2008– 

2010. MDNR has selected 2008 as the 

attainment emission inventory year. The 

attainment inventory identifies a level 

of NOX and VOC emissions in the area 

that is sufficient to attain the 1997 

8-hour O3 NAAQS. Missouri prepared a 

comprehensive 2008 emissions 

inventory to use as the attainment year 

inventory. Point source ozone season 

day emissions were calculated on the 

Emissions Inventory Questionnaire of 

actual emissions or EIQ form 2.0Z, 

Ozone Season Information. Area ozone 

season day emissions were calculated 

from Emissions Modeling Clearinghouse 

(EMCH) temporal allocation profiles 

that are Source Classification Codes 

(SCC)-specific. Ozone season day 

emissions are typical of a Tuesday in 

July. Nonroad emissions were generated 

using EPA’s NONROAD model and 

onroad attainment year inventories 

originated from EPA’s mobile model, 

Mobile6.2. For more information on 

EPA’s analysis of the 2002 and 2008 

emissions inventory, see EPA’s TSD 

dated October 28, 2014, or appendix A, 

B, and E of the state submittal, available 

on line at www.regulations.gov, Docket 

ID No. EPA–OAR–R07–2014–0900. 

Using the inventories described above 

Missouri has documented changes in 

emissions from 2002 to 2008 for the St. 

Louis area as shown in tables below. 

Table 5 demonstrates that the entire St. 

Louis area has reduced emissions 

during the period except as described 

below. 

TABLE 3—2002 VOC AND NOX EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS NONATTAINMENT AREA TONS

PER DAY

[tpd] 

Source category VOC NOX

Point Sources .............................................................................................................................................. 32.7 127.2 

Area Sources ............................................................................................................................................... 71.3 19.4 

On-Road Mobile Sources ............................................................................................................................ 68.1 159.0 

Non-Road Mobile Sources .......................................................................................................................... 47.0 60.7 

Totals .................................................................................................................................................... 219.1 366.3 


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TABLE 4—2008 VOC AND NOX EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS NONATTAINMENT AREA

[tpd] 

Source category VOC NOX

Point Sources .............................................................................................................................................. 18.0 88.8 

Area Sources ............................................................................................................................................... 99.5 6.5 

On-Road Mobile Sources ............................................................................................................................ 57.9 96.2 

Non-Road Mobile Sources .......................................................................................................................... 45.2 53.6 

Totals .................................................................................................................................................... 220.5 245.2 

TABLE 5—COMPARISON OF 2002 AND 2008 VOC AND NOX EMISSIONS FOR THE MISSOURI SIDE OF THE ST. LOUIS

NONATTAINMENT AREA

[tpd] 

Source category VOC NOX

Point Sources .............................................................................................................................................. ¥14.7 ¥38.4 

Area Sources ............................................................................................................................................... +28.2 ¥12.9 

On-Road Mobile Sources ............................................................................................................................ ¥10.2 ¥68.2 

Non-Road Mobile Sources .......................................................................................................................... ¥1.8 ¥7.1 

Totals .................................................................................................................................................... +1.4 ¥121.1 

* Note: A negative value indicates a projected decrease in emissions from 2008 to 2025. 

A positive value indicates a projected increase in emissions from 2008 to 2025. 

As indicated in the table 5, NOX

emissions decreased by 121 tpd which 

is a thirty three percent reduction. Total 

VOC emissions remained relatively 

stable with a slight increase of less than 

one percent or 1.4 tpd. MDNR 

determined that the VOC increase is due 

to a change in the reporting of small, 

non-Title-V-permitted sources from the 

point category in 2002 to the nonpoint 

category in 2008, as well as numerous 

changes in the area source estimation 

methodologies and emission factors. 

The substantial reduction in NOX

emissions between 2002 and 2008, 

along with other regional controls have 

resulted in the improved monitored 

ground-level ozone concentrations in 

the St. Louis nonattainment area 

attributable to the 1997 ozone NAAQS 

compliance. 

Based on the information summarized 

above, and information provided in 

EPA’s technical support document, 

which is a part of this docket, Missouri 

has adequately demonstrated that the 

improvement in air quality is due to 

permanent and enforceable emissions 

reductions. 

Criteria (4)—The Area Has a Fully 

Approved Maintenance Plan Pursuant 

to Section 175A of the CAA (Section 

107(d)(3)(E)(iv)) 

In conjunction with its request to 

redesignate the St. Louis area to 

attainment for the 1997 8-hour O3

NAAQS, MDNR submitted a SIP 

revision on November 1, 2011, 

supplemented on April 29, 2014, and 

further clarified on September 17, 2014, 

to provide for the maintenance of the 

1997 8-hour O3 NAAQS for at least ten 

years after the effective date of 

redesignation to attainment. EPA 

believes this maintenance plan meets 

the requirements for approval under 

section 175A of the CAA. 

a. Maintenance Plan Requirements 

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 plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, MDNR must 

submit a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the ten 

years following the initial ten-year 

period, if applicable. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain such 

contingency measures, as EPA deems 

necessary, to assure prompt correction 

of any future 1997 8-hour O3 NAAQS 

violations. The Calcagni Memorandum 

provides further guidance on the 

content of a maintenance plan, 

explaining that a maintenance plan 

should address five requirements: (1) 

The attainment emissions inventory, (2) 

a maintenance demonstration, (3) a 

commitment to maintain the existing 

monitoring network, (4) verification of 

continued attainment, and (5) a 

contingency plan to plan or prevent or 

correct future violations. As discussed 

below, EPA is proposing that MDNR’s 

maintenance plan includes all the 

necessary components and is thus 

proposing to approve it as a revision to 

the Missouri SIP. 

b. Maintenance Plan Base Year 

Inventory 

As discussed previously, the 2008 

inventory used for the year of 

attainment is called the Attainment Year 

Inventory. It is also referred to as the 

Maintenance Plan Base Year Inventory 

and becomes the inventory future years 

will be compared to in order to show 

maintenance. However, MDNR created a 

different 2008 onroad inventory for the 

comparison to future years in the 

maintenance plan. As explained 

previously, for the 2008 onroad 

attainment inventory, MDNR used NEI 

data which was developed using 

Mobile6.2 to compare with the 2002 

nonattainment base year. A second 2008 

onroad inventory was developed 

utilizing MOVES to establish a 

maintenance base year for comparison 

to the future 2017 and 2025 MOVES 

based future year inventories. This 

allows for a smooth transition to the 

updated model and to prevent 

comparing a MOVES version of 2008 

attainment year with the MOBILE6 

version of the 2002 nonattainment base 

year inventory. Therefore, the 2008 

onroad mobile source inventory used for 

supporting maintenance was developed 

using the most current version of EPA’s 

highway mobile source emissions model 

MOVES2010a. 


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78764 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

Emissions projections to support 

maintenance through 2025 have been 

prepared for the years 2017 and 2025, 

which is at the ten-year interval 

required in section 175(A) of the CAA. 

EPA has reviewed the documentation 

provided by MDNR and found the 

emissions inventory to be acceptable. 

For more information on EPA’s analysis 

of the 2008 emissions inventory, see 

EPA’s TSD dated October 28, 2014, or 

appendix B and E of the state submittal, 

available on line at 

www.regulations.gov, Docket ID No. 

EPA–OAR–R07–2014–0900. 

c. Maintenance Demonstration 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the Area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Calcagni Memorandum, 

p. 9. Where the emissions inventory 

method of showing maintenance is 

used, the purpose is to show that 

emissions during the maintenance 

period will not increase over the 

attainment year inventory. Calcagni 

Memorandum, pp. 9–10. 

As discussed in detail in the 

subsection below, Missouri’s 

maintenance plan submission 

demonstrates that the area’s emissions 

inventories will remain below the 

attainment year inventories through 

2025. For a demonstration of 

maintenance, emissions inventories are 

required to be projected to future dates 

to assess the influence of future growth 

and controls; however, the maintenance 

demonstration need not be based on air 

quality modeling. See 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 53099–53100; 68 FR 25430– 

25432. MDNR uses projection 

inventories to show that the area will 

remain in attainment. MDNR developed 

projection inventories for an interim 

year of 2017 and a maintenance plan 

end year of 2025 to show that future 

emissions of NOX and VOC will remain 

at or below the attainment year 2008 

emissions levels in the St. Louis area 

through the year 2025. In light of more 

recent information on CSAPR, Missouri 

submitted on September 17, 2014, a 

revision that updated their future year 

projections for EGU facilities using the 

presumption that CSAPR will be in 

place to control emissions from sources. 

Non-EGU Point source and nonpoint 

sources were developed using growth 

factors created from the EGAS model 

(http://www.epa.gov/ttnecas1/

egas5.htm) using economic growth 

projections from the Policy Insight®

Model for Regional Economic Model, 

Inc. (REMI) to project the future year 

inventory. EPA’s Nonroad Model and 

EPA’s onroad mobile model, MOVES, 

were utilized to project mobile source 

future inventories. 

EPA has reviewed the documentation 

provided by MDNR and found the 

methodologies acceptable. Tables 6 and 

7 below show the inventories for the 

2008 attainment year, 2017 interim year, 

and the 2025 maintenance plan end year 

for the Missouri portion of the area. 

TABLE 6—ACTUAL AND PROJECTED ANNUAL NOX EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA

[tpd] 

Source category 2008 2017 2025 

Point Sources ............................................................................................................ 88.84 87.01 89.81 

Area Sources ............................................................................................................. 6.52 6.68 6.85 

On-Road Mobile Sources .......................................................................................... 160.38 62.32 41.66 

Off-Road Mobile Sources .......................................................................................... 60.85 35.53 29.44 

Totals .................................................................................................................. 316.59 191.54 167.76 

TABLE 7—ACTUAL AND PROJECTED ANNUAL VOC EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS AREA

[tpd] 

Source category 2008 2017 2025 

Point Sources ............................................................................................................ 18.0 22.82 28.01 

Area Sources ............................................................................................................. 98.74 115.85 130.91 

On-Road Mobile Sources .......................................................................................... 58.53 27.51 20.15 

Off-Road Mobile Sources .......................................................................................... 46.44 28.88 28.17 

Totals .................................................................................................................. 221.71 195.06 207.24 

TABLE 8—COMPARISON OF 2008 AND 2025 NOX AND VOC EMISSIONS FOR THE MISSOURI PORTION OF THE ST. LOUIS

AREA

[tpd] 

Source category NOX VOC 

Point Sources .............................................................................................................................................. +0.97 +10.01 

Area Sources ............................................................................................................................................... +0.33 +31.44 

On-Road Mobile Sources ............................................................................................................................ ¥119.59 ¥40.71 

Off-Road Mobile Sources ............................................................................................................................ ¥24.17 ¥16.99 

Totals .................................................................................................................................................... ¥148.83 ¥14.47 

* Note: A negative value indicates a projected decrease in emissions from 2008 to 2025. 

A positive value indicates a projected increase in emissions from 2008 to 2025. 


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9CSAPR’s assurance provisions and associated 

penalties will take effect January 1, 2017. See EPA 

interim final rule published December 3, 2014 79 

FR 71663. EPA does not expect states’ emissions 

under CSAPR’s Phase 1 budgets, which will apply 

in 2015 and 2016, to exceed what would have been 

their Phase 1 assurance levels under CSAPR’s 

originally planned implementation schedule, 

because in the aggregate, state emissions are already 

meeting the Phase 1 budgets. See EPA Motion to 

Lift the Stay Entered on December 30, 2011, EME 

Homer City Generation, L.P. v. EPA, Case No. 11– 

1302 (filed June 26, 2014), ECF No. 1499505, 

Attachment at 9–15. See also 77 FR 10324, 10330– 

32 (February 21, 2012) (discussing EPA’s rationale 

for revising effective date of assurance provisions). 

10http://www.epa.gov/airtransport/CSAPR/pdfs/

OzoneSeasonNOx.xls. 

Table 8 above shows between 2008 

and 2025, the area is projected to reduce 

NOX emissions by 148.83 tpd, and VOC 

emissions by 14.47 tpd. Thus, the 

projected emissions inventories show 

that the area will continue to maintain 

the 1997 8-hour O3 NAAQS during the 

10 year maintenance period. 

As discussed in detail above, the 

state’s maintenance plan submission 

demonstrates that the area’s emission 

inventories will remain below the 

attainment year inventories through at 

least 2025. In addition, for the reasons 

set forth below, EPA believes that the 

state’s submission, in conjunction with 

additional supporting information, 

further demonstrates that the area will 

continue to maintain the 1997 8-hour O3

NAAQS at least through 2025. 

Maintenance of the 1997 8-hour O3

standard in the area is a function of 

regional as well as local emissions 

trends. The regional impacts are 

dominated by the impacts of NOX

emissions. As discussed above, CAIR 

resulted in substantial NOX emission 

reductions for the area, and beginning in 

2015, CSAPR will replace CAIR. CSAPR 

establishes emissions budgets for the 

total emissions that may be emitted 

annually from EGUs in each covered 

state.9 Table 9 below shows that for 

states significantly contributing to ozone 

concentrations that actual EGU 

emissions in 2013 under CAIR, as well 

as Phase I budgets and Phase II 

assurance levels under CSAPR, are well 

below the level of actual EGU emissions 

in those same states during the 

attainment year of 2008. EPA therefore 

believes that with CSAPR in place, 

regional emissions will not affect 

maintenance of the 1997 8-hour ozone 

standard for the St. Louis area. 

TABLE 9—COMPARISON OF 2008 AND 2013 STATEWIDE EGU OZONE SEASON NOX EMISSIONS WITH CSAPR 2015 

PHASE I BUDGET AND 2017 PHASE II ASSURANCE LEVELS (TPY) FROM STATES THAT IMPACT THE ST. LOUIS AREA 10

State Attainment year 

2008 2013 

CSAPR 2015 

Phase I 

budget 

CSAPR 2017 

Phase II 

assurance level 

AR ............................................................................................ 21,743 22,614 15,110 18,283 

IL .............................................................................................. 57,565 29,158 21,208 21,662 

IN ............................................................................................. 94,253 59,232 46,876 55,872 

KY ............................................................................................ 69,007 47,014 36,167 39,536 

MI ............................................................................................. 57,124 38,241 28,041 32,536 

MO ........................................................................................... 48,627 42,629 22,788 25,530 

MS ............................................................................................ 27,445 14,586 12,429 15,039 

OH ............................................................................................ 102,730 49,160 41,284 47,206 

TN ............................................................................................ 38,902 14,243 14,908 9,699 

EPA’s proposed approval is based on 

a showing, in accordance with CAA 

section 175A, that Missouri’s submittal 

demonstrates that the area can maintain 

through 2025. 

d. Monitoring Network 

There is an extensive monitoring 

network measuring O3 in the St. Louis 

area. MDNR has committed to continue 

operation of the network in the area in 

compliance with 40 CFR part 58 and 

have thus addressed the requirement for 

monitoring. EPA approved Missouri’s 

2013 monitoring plan on November 22, 

2013. http://www.epa.gov/region7/air/

quality/quality.htm. 

e. Verification of Continued Attainment 

MDNR has the legal authority to 

enforce and implement the 

requirements of the Missouri portion of 

the St. Louis area 1997 8-hour O3

maintenance plan. This includes the 

authority to adopt, implement and 

enforce any subsequent emissions 

control contingency measures 

determined to be necessary to correct 

future O3 attainment problems. 

MDNR will track the progress of the 

maintenance plan by performing future 

reviews of triennial emission 

inventories for the St. Louis area as 

required in the Air Emissions Reporting 

Rule (AERR). For these periodic 

inventories, MDNR will review the 

assumptions made for the purpose of 

the maintenance demonstration 

concerning projected growth of activity 

levels. 

f. Contingency Measures in the 

Maintenance Plan 

Section 175A of the CAA requires that 

a maintenance plan include such 

contingency measures as EPA deems 

necessary to assure that the state will 

promptly correct a violation of the 

NAAQS that occurs after redesignation. 

The maintenance plan should identify 

the contingency measures to be adopted, 

a schedule and procedure for adoption 

and implementation, and a time limit 

for action by the state. A state should 

also identify specific indicators to be 

used to determine when the 

contingency measures need to be 

implemented. The maintenance plan 

must include a requirement that a state 

will implement all measures with 

respect to control of the pollutant that 

were contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d). 

The contingency plan included in the 

submittal includes a triggering 

mechanism to determine when 

contingency measures are needed and a 

process of developing and 

implementing appropriate control 

measures. MDNR will use actual 

ambient monitoring data as the 

triggering event to determine when 

contingency measures should be 

implemented. 

Missouri has identified two different 

levels of corrective responses should the 

8-hour O3 level exceed the NAAQS in 

any year. A level I trigger occurs when 

the fourth highest 8-hour ozone 

concentration exceeds 84 ppb in any 

year at any monitoring station in the 

nonattainment area as described in the 

state’s submittal for the St. Louis area. 

MDNR will evaluate a level I 

condition, if it occurs, as expeditiously 

as practicable to determine the causes of 


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the ambient O3 increase. If adverse 

emission trends are likely to continue, 

MDNR will first evaluate and 

subsequently adopt and implement 

control measures, taking into 

consideration the ease of 

implementation and the technical and 

economic feasibility of selected 

measures, as outlined in the state’s plan 

no later than twenty four months after 

quality-assured ambient data has been 

entered into EPA’s AQS database 

indicating a level I trigger. 

A level II trigger is activated when 

any violation of the 8-hour O3 NAAQS 

at any Federal reference method 

monitor in the St. Louis maintenance 

area is recorded, based on qualityassured monitoring data. In this event, 

MDNR will conduct a comprehensive 

study to determine the cause of the 

violation within six months of the 

triggering event. Selected measures will 

be implemented as expeditiously as 

practicable, taking into consideration 

the ease of implementation and the 

technical and economic feasibility of 

selected measures, as outlined in the 

state’s plan no later than twenty four 

months after quality-assured ambient 

data has been entered into EPA’s AQS 

database indicating a level II trigger. 

The comprehensive measures will be 

selected from the following types of 

measures, as further detailed in the 

state’s submission, or from any other 

measure deemed appropriate and 

effective at the time the selection is 

made by MDNR: 

• Controls for local individual 

sources with significant effects on the 

monitored violation; 

• Revisions to current rules that 

control NOX and VOC emissions such as 

lowering limits and applicability 

thresholds of current rules; and 

• Establishing new rules that control 

NOX and VOC emissions. 

In addition to the triggers indicated 

above, Missouri commits to compiling 

and monitoring O3 inventories for the 

Missouri portion of the area every three 

years throughout the duration of the 

maintenance period to facilitate the 

emissions trends analysis included in 

the contingency plan under levels I and 

II. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: Attainment emission 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. Therefore, EPA 

proposes to find that 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 and is approvable. 

g. Motor Vehicle Emissions Budgets for 

Transportation Conformity Purposes 

Generally, maintenance plans 

establish motor vehicle emissions 

budgets for the last year of the 

maintenance plan, at a minimum (40 

CFR 93.118(b)(2)(i)). However, Missouri 

did not include motor vehicle emissions 

budgets for the last year of this 

maintenance plan because EPA revoked 

the 1997 ozone NAAQS for 

transportation conformity purposes on 

May 21, 2012 and, therefore, the area is 

not required to demonstrate conformity 

for the 1997 ozone NAAQS. (77 FR 

30167) EPA notes that Missouri has 

submitted motor vehicle emissions 

budgets for the 2008 ozone NAAQS. 

Those budgets will become applicable 

when either EPA completes the 

adequacy process that was started on 

October 4, 2013, or approves these 

budgets, whichever occurs earlier. 

In addition, the state submission has 

met the public notice requirements for 

SIP submissions in accordance with 40 

CFR 51.102. The submission also 

satisfied the completeness criteria of 40 

CFR part 51, appendix V. As explained 

above and in more detail in the 

technical support document which is 

part of this document, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

V. Summary of Proposed Actions 

EPA is proposing several actions 

regarding the area’s redesignation and 

maintenance of the 1997 8-hour O3

NAAQS. We are processing this as a 

proposed action because we are 

soliciting comments. First, EPA is 

proposing to determine, based on 

complete, quality-assured and certified 

monitoring data for the 2008–2010 

monitoring period, and after review of 

all available data in AQS, that the St. 

Louis area is currently attaining the 

1997 8-hour O3 NAAQS. EPA is also 

proposing to determine that the St. 

Louis area has met the criteria under 

CAA section 107(d)(3)(E) for 

redesignation from nonattainment to 

attainment for the 1997 8-hour O3

NAAQS, as discussed in more detail 

above in section IV. Therefore, EPA is 

proposing to approve Missouri’s request 

to redesignate the St. Louis Area and 

change the legal designation of Franklin, 

Jefferson, St. Charles, and St. Louis 

Counties along with the City of St. Louis 

from nonattainment to attainment for 

the 1997 8-hour ozone NAAQS. 

Second, EPA is proposing to approve 

the maintenance plan for the St. Louis 

area. The maintenance plan 

demonstrates that the area will continue 

to maintain the 1997 8-hour O3 NAAQS. 

If finalized, approval of the 

redesignation request would change the 

official designation of the Missouri 

portion of the St. Louis area for the 1997 

8-hour O3 NAAQS, found at 40 CFR part 

81, from nonattainment to attainment. 

VI. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). This action 

is also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rulemaking would 

approve pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rulemaking also does not have 

tribal implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus Executive Order 

13132 does not apply to this action. 

This action merely approves a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rulemaking also is not subject to 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 78767 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Burden is defined 

at 5 CFR 1320.3(b). 

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 proposed rule 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). 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 2, 2015. Filing a 

petition for reconsideration by the 

Administrator of this proposed rule 

does not affect the finality of this 

rulemaking for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such 

future rule or action. 

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: December 19, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend 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. 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 ..................................................................................................... ...................... Attainment.

Jefferson County ................................................................................................... ...................... Attainment.

St. Charles County ................................................................................................ ...................... Attainment.

St. Louis City ......................................................................................................... ...................... Attainment.

St. Louis County .................................................................................................... ...................... Attainment.

* * * * * * * 

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

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


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78768 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

* * * * * 

[FR Doc. 2014–30573 Filed 12–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2013–0290 and EPA–HQ– 

OAR–2013–0291; FRL–9921–25–OAR] 

RIN 2060–AP69 

NESHAP for Brick and Structural Clay 

Products Manufacturing; and NESHAP 

for Clay Ceramics Manufacturing 

AGENCY: Environmental Protection 

Agency. 

ACTION: Supplemental notice of 

proposed rulemaking; extension of 

public comment period and change to 

public hearing date. 

SUMMARY: On December 18, 2014, the 

Environmental Protection Agency (EPA) 

proposed national emission standards 

for hazardous air pollutants (NESHAP) 

for brick and structural clay products 

manufacturing and NESHAP for clay 

ceramics manufacturing. The EPA is 

extending the deadline for written 

comments on the proposed rule by 30 

days to March 19, 2015. In addition, the 

EPA is changing the date of the public 

hearing, if requested, to January 27, 

2015, and the date to pre-register for the 

hearing if it is held. 

DATES: Comments. The public comment 

period for the proposed rule published 

in the Federal Register on December 18, 

2014 (79 FR 75622) is being extended 

for 30 days to March 19, 2015. 

Public Hearing. If anyone contacts the 

EPA requesting a public hearing by 

January 15, 2015, the EPA will hold a 

public hearing on January 27, 2015, 

from 1:00 p.m. [Eastern Standard Time] 

to 5:00 p.m. [Eastern Standard Time] at 

the U.S. Environmental Protection 

Agency building located at 109 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27711. If the EPA holds a 

public hearing, the EPA will keep the 

record of the hearing open for 30 days 

after completion of the hearing to 

provide an opportunity for submission 

of rebuttal and supplementary 

information. 

ADDRESSES: Comments. Written 

comments on the proposed rule may be 

submitted to the EPA electronically, by 

mail, by facsimile or through hand 

delivery/courier. Please refer to the 

proposal for the addresses and detailed 

instructions. 

Docket. The EPA has established 

dockets for this rulemaking under 

Docket ID No. EPA–HQ–OAR–2013– 

0291 for Brick and Structural Clay 

Products Manufacturing and Docket ID 

No. EPA–HQ–OAR–2013–0290 for Clay 

Ceramics Manufacturing. All documents 

in the dockets are listed in the 

regulations.gov index. Although listed 

in the index, some information is not 

publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in 

regulations.gov or in hard copy at the 

EPA Docket Center, EPA WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. 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 EPA Docket Center is 

(202) 566–1742. 

Public Hearing. If requested by 

January 15, 2015, the EPA will hold a 

public hearing on January 27, 2015, 

from 1:00 p.m. [Eastern Standard Time] 

to 5:00 p.m. [Eastern Standard Time] at 

the U.S. Environmental Protection 

Agency building located at 109 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27711. Please contact Ms. 

Pamela Garrett of the Sector Policies 

and Programs Division (D243–01), 

Office of Air Quality Planning and 

Standards, Environmental Protection 

Agency, Research Triangle Park, NC 

27711; telephone number: (919) 541– 

7966; email address: garrett.pamela@

epa.gov to request a hearing, register to 

speak at the hearing or to inquire as to 

whether or not a hearing will be held. 

The last day to pre-register in advance 

to speak at the hearing will be January 

23, 2015. Additionally, requests to 

speak will be taken the day of the 

hearing at the hearing registration desk, 

although preferences on speaking times 

may not be able to be fulfilled. Please 

refer to the proposal for the more 

detailed information on the public 

hearing. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the proposed rule for 

Brick and Structural Clay Products 

Manufacturing and Clay Ceramics 

Manufacturing, contact Ms. Sharon 

Nizich, Minerals and Manufacturing 

Group, Sector Policies and Program 

Division (D243–04), Office of Air 

Quality Planning and Standards, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; Telephone number: (919) 541– 

2825; Fax number: (919) 541–5450; 

Email address: nizich.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

After considering a request to extend 

the public comment period, the EPA has 

decided to extend the public comment 

period for an additional 30 days. 

Therefore, the public comment period 

will end on March 19, 2015, rather than 

February 17, 2015. This extension will 

help ensure that the public has 

sufficient time to review the proposed 

rule and the supporting technical 

documents and data available in the 

docket. 

Dated: December 23, 2014. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2014–30715 Filed 12–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[CG Docket No. 05–231; FCC 14–206] 

Closed Captioning of Video 

Programming; Telecommunications for 

the Deaf and Hard of Hearing, Inc. 

Petition for Rulemaking 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission issues a Second Further 

Notice of Proposed Rulemaking seeking 

additional comment on several issues 

related to matters raised in the 

Commission’s Closed Captioning 

Quality Order. These issues include 

whether the Commission should require 

video programmers to file contact 

information and certifications of 

captioning compliance with the 

Commission and whether other means 

would make programmer contact 

information and certifications more 

widely available. 

DATES: Comments are due January 20, 

2015 and reply comments are due 

January 30, 2015. 

ADDRESSES: You may submit comments, 

identified by CG Docket No. 05–231, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS), through 

the Commission’s Web site http://

fjallfoss.fcc.gov/ecfs2/. Filers should 

follow the instructions provided on the 

Web site for submitting comments. For 

ECFS filers, in completing the 


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