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[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9346-9350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03901]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0438; FRL-9942-76-Region 7]

Approval and Promulgation of Air Quality Implementation Plans; 
State of Missouri; Emissions Inventory and Emissions Statement for the 
Missouri Portion of the St. Louis MO-IL Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) for the state of Missouri. The revisions address base year 
Emissions Inventory (EI) and emissions statement requirements of the 
Clean Air Act (CAA) for the Missouri portion of the St. Louis marginal 
ozone nonattainment area (``St. Louis area''). The Missouri counties 
comprising the St. Louis area are Franklin, Jefferson, St. Charles, and 
St. Louis along with the City of St. Louis. EPA is taking final action 
to approve the SIP revisions because they satisfy the CAA section 182 
requirements for the 2008 8-hour ozone National Ambient Air Quality 
Standards (NAAQS). EPA is approving the revisions pursuant to section 
110 and part D of the CAA and EPA's regulations. EPA will consider and 
take action on the Illinois submission for its portion of the St. Louis 
area in a separate action.

DATES: This direct final rule will be effective April 25, 2016, without 
further

[[Page 9347]]

notice, unless EPA receives adverse comment by March 28, 2016. If EPA 
receives adverse comment, we will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0438, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Publicly available docket materials are available either 
electronically at www.regulations.gov or at the Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219. The Regional Office's official hours 
of business are Monday through Friday, 8:00 a.m. to 4:30 p.m., 
excluding legal holidays. The interested persons wanting to examine 
these documents should make an appointment with the office at least 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7214 or by email at 
kemp.lachala@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. What is the background for this action?
II. What is EPA's analysis of the State's submission?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Ground-level ozone is a gas that is formed by the reaction of 
volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX) in the atmosphere in the presence of sunlight. These 
precursor emissions are emitted by many types of pollution sources, 
including power plants and industrial emissions sources, on-road and 
off-road motor vehicles and engines, and smaller sources, collectively 
referred to as area sources.
    On March 12, 2008, EPA promulgated a revised NAAQS for ozone based 
on 8-hour average concentrations. The level of the 2008 8-Hour ozone 
NAAQS (hereafter the 2008 O3 NAAQS) was revised from 0.08 
parts per million (ppm) to 0.075 ppm (73 FR 16436). EPA finalized 
designations for the 2008 O3 NAAQS on May 21, 2012 (77 FR 
30088). At the time of designations, the bi-state Missouri area was 
classified as Marginal nonattainment for the 2008 O3 NAAQS. 
Based on the nonattainment designations, Missouri was required to 
submit a SIP revision to EPA addressing certain CAA requirements.
    CAA sections 172(c)(3) and 182(a)(1) require states to develop and 
submit as a SIP revision a comprehensive, accurate, current emissions 
inventory (EI) for all areas designated as nonattainment for the 
O3 NAAQS. 42 U.S.C. 7502(c) and 7511a(a). An EI is an 
estimation of actual emissions of air pollutants in an area that 
provides data for a variety of air quality planning tasks including 
establishing baseline emission levels, calculating Federally required 
emission reduction targets, emission inputs into air quality simulation 
models, and tracking emissions over time. The total EI of VOC and 
NOX for a given area are summarized from the estimates 
developed for five general categories of emissions sources: Point, 
area, on-road mobile, non-road mobile, and biogenic. EPA's final 2008 
ozone standard SIP requirements rule suggested that states use 2011 as 
a base year to address the EI requirements (80 FR 12264, March 6, 
2015).

II. What is EPA's analysis of the State's submission?

    The primary CAA requirements are found in sections 110(l), and 
182(a). CAA section 110(l) requires that a SIP revision submitted to 
EPA be adopted after reasonable notice and public hearing. Section 
110(l) also requires that EPA not approve a SIP if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA. CAA section 182(a) requires states with areas designated 
nonattainment for the ozone NAAQS to submit a SIP revision that 
contains a comprehensive, accurate, current inventory of actual 
emissions from all sources.
    On September 9, 2014, the State of Missouri submitted a SIP 
revision containing the base year emissions inventory and emissions 
statement requirements related to the 2008 8-hour ozone NAAQS for the 
Missouri portion of the St. Louis area.\1\
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    \1\ As Missouri noted in its SIP revision, other required 
elements of Marginal nonattainment area plans in CAA Section 182(a) 
have already been addressed in state regulations or in prior SIP 
actions.
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A. Base Year Emissions Inventory

    Missouri selected 2011 as its base year inventory, as suggested by 
EPA in its final SIP requirements Rule which is the year corresponding 
with the first triennial inventory required under 40 CFR part 51, 
subpart A. This base year is one of the three years of ambient air 
quality data used to designate the area nonattainment. Missouri's 
emissions inventory for its portion of the St. Louis area provides 2011 
actual emissions of the pollutants that contribute to ozone formation 
for the nonattainment area: VOCs, NOX, and Carbon Monoxide 
(CO). A detailed discussion of the inventory is located in appendix A 
to Missouri's submission which is provided in the docket for this 
action. The tables below provide a summary of the emissions inventory 
for the Missouri portion of the St. Louis nonattainment area.
    Table 1 displays the 2011 anthropogenic emissions inventory summary 
for the Missouri portion of the 2008 St. Louis ozone nonattainment area 
in tons per ozone season day. The anthropogenic source categories 
include point, area, onroad mobile, and nonroad sources. Table 2 
displays the 2011 emissions inventory summary for the biogenic and 
wildfire (event) source categories in the Missouri portion of the 2008 
St. Louis ozone nonattainment area in tons per ozone season day. Event 
emissions include wild fire emissions, prescribed burning and 
agricultural burning; however, when annual emissions from these three 
event source categories are temporally allocated to ozone season day 
emissions, only wild fire emissions are projected to occur during the 
high ozone season.

[[Page 9348]]

   Table 1--2011 Anthropogenic Emissions Inventory Summary for the Missouri Portion of the Nonattainment Area
                                             [Tons/ozone season day]
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              County name                    Source category            VOC             NOX             CO
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Franklin County.......................  Point Sources...........            2.52           27.75            7.55
Jefferson County......................  ........................            1.63           16.66            7.23
St. Charles County....................  ........................            3.34           25.04            2.82
St. Louis County......................  ........................             3.5           16.74           17.68
St. Louis City........................  ........................            3.59            4.49            7.36
                                                                 -----------------------------------------------
    Totals *..........................  ........................           14.58           90.69           42.65
                                                                 ===============================================
Franklin County.......................  Area Sources............            3.36            0.49            3.03
Jefferson County......................  ........................            7.48            0.62            8.14
St. Charles County....................  ........................           11.21            0.68            1.35
St. Louis County......................  ........................           38.68            2.65            4.72
St. Louis City........................  ........................           12.04            1.16            1.76
                                                                 -----------------------------------------------
    Totals *..........................  ........................           72.77             5.6           19.01
                                                                 ===============================================
Franklin County.......................  Onroad Mobile Sources...            2.40            7.83           21.18
Jefferson County......................  ........................            4.24           12.45           34.91
St. Charles County....................  ........................            6.73           21.04           56.63
St. Louis County......................  ........................           20.17           66.34          176.34
St. Louis City........................  ........................            4.46           16.55           42.14
                                                                 -----------------------------------------------
    Totals *..........................  ........................           38.00          124.20          331.20
                                                                 ===============================================
Franklin County.......................  Nonroad Sources.........            3.31            5.72           18.55
Jefferson County......................  ........................            3.12            3.33           28.68
St. Charles County....................  ........................            6.23            8.34           62.81
St. Louis County......................  ........................           22.99           23.85          315.24
St. Louis City........................  ........................            3.38            6.31           48.14
                                                                 -----------------------------------------------
    Totals *..........................  ........................           39.03           47.55          473.42
                                                                 ===============================================
        Grand Total *.................  ........................          164.38          268.04          866.28
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Note: Figures may not total exactly due to rounding.

  Table 2--2011 Wildfire and Biogenic Emissions Inventory Summary for the Missouri Portion of the Nonattainment
                                                      Areas
                                             [Tons/ozone season day]
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              County name                    Source category            VOC             NOX             CO
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Franklin County.......................  Wild Fires (Event)......            0.09            0.00            0.40
Jefferson County......................  ........................            0.07            0.00            0.28
St. Charles County....................  ........................            0.00            0.00            0.01
St. Louis County......................  ........................            0.00            0.00            0.01
St. Louis City........................  ........................            0.00            0.00            0.00
                                                                 -----------------------------------------------
    Totals *..........................  ........................            0.16            0.01            0.69
                                                                 ===============================================
Franklin County.......................  Biogenic Sources........          126.84            1.09           11.58
Jefferson County......................  ........................          104.17            0.51            9.29
St. Charles County....................  ........................           65.94            1.05            7.09
St. Louis County......................  ........................           60.84            0.68            5.55
St. Louis City........................  ........................           10.93            0.13            1.03
                                                                 -----------------------------------------------
    Totals *..........................  ........................          368.71            3.47           34.55
----------------------------------------------------------------------------------------------------------------
* Note: Figures may not total exactly due to rounding.

    Missouri's inventory contains point sources, nonpoint, onroad 
mobile, and nonroad sources. The state developed the point source 
emissions inventory using actual emissions directly reported by 
electric generating unit (EGU) and non EGU sources in the area. Point 
sources are large, stationary, identifiable sources of emissions that 
release pollutants into the atmosphere. The point source emissions 
inventory for Missouri's portion of the St. Louis area was developed 
using facility-specific emissions data, and is included in the docket 
for this action.
    Nonpoint sources are small emission stationary sources which due to 
their large number, collectively have significant emissions. Emissions 
from these sources were estimated by

[[Page 9349]]

multiplying an emission factor by some known indicator of collective 
activity for each source category at the county level. Non-road mobile 
sources include vehicles, engines, and equipment used for construction, 
agriculture, recreation, and other purposes that do not use roadways. 
Missouri calculated emissions for its nonroad mobile sources using 
EPA's NONROAD2008a model. NONROAD2008a estimates fuel consumption and 
emissions for all nonroad mobile source categories except for aircraft, 
commercial marine vessels, and railroad locomotives. Onroad mobile 
sources include vehicles used on roads for transportation of passengers 
or freight. Missouri developed its inventory using the EPA's highway 
mobile source emissions model MOVES 2010a.
    Biogenic emissions sources are emissions that come from natural 
sources. The biogenic source emissions were extracted from the EPA's 
2011 National Emissions Inventory (NEI) for the counties located in the 
nonattainment area. A detailed account of biogenic source emissions by 
county can be found in appendix A of the state's submission.
    For the reasons discussed above, EPA has determined that Missouri's 
emissions inventory is complete, accurate, and comprehensive and meets 
the requirements under CAA section 182(a)(1) and the SIP Requirements 
Rule for the 2008 ozone NAAQs.

B. Emissions Statement

    Pursuant to section 182(a)(3)(B), states with Marginal ozone 
nonattainment areas must require annual emission statements from owners 
or operators of each NOX and VOC stationary source within 
the nonattainment area. Missouri regulation 10 CSR 10-6.110 Reporting 
Emission Data, Emission Fees, and Process Information requires 
permitted sources to file an annual report on air pollutant emissions 
to include emission data, process information, and annual emissions 
fees. The full emissions report identifying actual NOX and 
VOC emissions is due April 1 after each reporting year. However, if the 
full emissions report is filed electronically via Missouri's Emissions 
Inventory System (MoEIS), this due date is extended to May 1. EPA has 
reviewed the regulation and determined that it meets the requirements 
of section 182(a)(3)(B) of the CAA, and in addition EPA has approved 
this regulation into the SIP.

III. Final Action

    EPA is approving the SIP revision submitted by Missouri on 
September 9, 2014, addressing the base year emissions inventory and 
emissions statement requirements for their portion of the St. Louis 
area. EPA has concluded that the state's submission meets the 
requirements of sections 110 and 182 of the CAA. We are publishing this 
direct final rule without a prior proposed rule because we view this as 
a noncontroversial action and anticipate no adverse comment. However, 
in the ``Proposed Rules'' section of this Federal Register, we are 
publishing a separate document that will serve as the proposed rule to 
approve the SIP revision if adverse comments are received on this 
direct final rule. We will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 April 25, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 17, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (e) is amended by adding 
entry (69) at the end of the table to read as follows:

Sec.  52.1320  Identification of Plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                        Applicable
    Name of nonregulatory SIP       geographic area or       State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
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                                                  * * * * * * *
(69) Marginal Plan for the         Statewide..........          9/9/14  2/25/16 [Insert      EPA-R07-OAR-2015-04
 Missouri Portion of the St.                                             Federal Register     38; 9942-76-Region
 Louis Ozone Nonattainment Area                                          citation].           7.
 for the 2008 NAAQS.
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[FR Doc. 2016-03901 Filed 2-24-16; 8:45 am]
 BILLING CODE 6560-50-P
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