[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Rules and Regulations]
[Pages 44778-44781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15264]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2007-0619; FRL-8450-7]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to the maintenance plan
prepared by Missouri to maintain the 8-hour national ambient air
quality standard (NAAQS) for ozone in the Missouri portion of the
Kansas City area. The Kansas City area is designated attainment for the
ozone NAAQS. This revision is required by the Clean Air Act. A similar
final action pertaining to the Kansas portion of the Kansas City
maintenance area is being done in conjunction with this rulemaking. The
effect of this approval is to ensure Federal enforceability of the
state air program plan and to maintain consistency between the state-
adopted plan and the approved SIP.
DATES: This direct final rule will be effective October 9, 2007,
without further notice, unless EPA receives adverse comment by
September 10, 2007. If adverse comment is received, EPA 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-2007-0619, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
4. Hand Delivery or Courier. Deliver your comments to Amy Algoe-
Eakin, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0619. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
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 e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov website 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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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
[[Page 44779]]
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and 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, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551-7942, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a Section 110(a)(1) maintenance plan?
What are the components of a Section 110(a)(1) 8-hour ozone
maintenance plan?
How has the state addressed the components of a Section
110(a)(1) 8-hour ozone maintenance plan?
What action is EPA taking?
What is a Section 110(a)(1) maintenance plan?
Section 110(a)(1) of the Clean Air Act (CAA or Act) requires, in
part, that states submit to EPA plans to maintain any NAAQS promulgated
by EPA. EPA interprets this provision to require that areas that were
maintenance areas for the 1-hour ozone NAAQS but attainment for the 8-
hour ozone NAAQS submit a plan to demonstrate the continued maintenance
of the 8-hour ozone NAAQS. EPA established June 15, 2007, three years
after the effective date of the initial 8-hour ozone designations, as
the deadline for submission of plans for these areas. Missouri's
Section 110(a)(1) maintenance plan was received by EPA on May 23, 2007.
What are the components of a Section 110(a)(1) 8-hour ozone maintenance
plan?
On May 20, 2005, EPA issued guidance that applies, in part, to
areas that are designated attainment/unclassifiable for the 8-hour
ozone standard and that had an approved 1-hour ozone maintenance plan.
The purpose of the guidance, referred to as Section 110(a)(1) guidance,
is to assist the states in the development of a SIP which addresses the
maintenance requirements found in Section 110(a)(1) of the CAA. There
are five components of the Section 110(a)(1) maintenance plan which
are: (1) An attainment inventory, which is based on actual typical
summer day emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) for a ten-year period from a base year as
chosen by the state; (2) a maintenance demonstration which shows how
the area will remain in compliance with the 8-hour ozone standard for
10 years after the effective date of designations (June 15, 2004); (3)
a commitment to continue to operate air quality monitors; (4) a
contingency plan that will ensure that a violation of the 8-hour ozone
NAAQS is promptly addressed; and (5) an explanation of how the state
will track the progress of the maintenance plan.
How has the state addressed the components of a Section 110(a)(1) 8-
hour ozone maintenance plan?
Missouri Department of Natural Resources' (MDNR) 8-hour ozone
maintenance plan addresses the components of the Section 110(a)(1) 8-
hour ozone maintenance as outlined in EPA's May 20, 2005, guidance.
Missouri has requested that the Section 110(a)(1) 8-hour ozone
maintenance plan replace the existing Section 175A 1-hour ozone
maintenance plan.
Emissions Inventory: An emissions inventory is an itemized list of
emission estimates for sources of air pollution in a given area for a
specified time period. MDNR has provided a comprehensive and current
emissions inventory for ozone precursors (NOX and VOCs) in
the area. MDNR has chosen to use 2002 as the base year from which it
projects emissions. The maintenance plan also includes an explanation
of the methodology used for determining the anthropogenic (point, area,
and mobile sources) emissions in the maintenance area. The inventory is
based on emissions for a typical ozone season day. The term ``typical''
refers to emissions expected on a typical weekday during the months
where ozone concentrations are typically the highest. For Kansas City,
these months are June through August.
Maintenance Demonstration and Tracking Progress: With regard to
demonstrating continued maintenance of the 8-hour ozone standard,
Missouri projects that the total emissions from the entire Kansas City
Maintenance Area (KCMA) will decrease during the ten-year maintenance
period. MDNR has projected emissions for 10 years from the effective
date of initial designations, or 2014. In 2002, the total anthropogenic
emissions in the entire KCMA were 226.42 tons/ozone season day for VOCs
and 316.09 tons/ozone season day for NOX. The projected 2014
anthropogenic emissions from the entire KCMA are 181.07 tons/ozone
season day for VOCs and 180.08 tons/ozone season day for
NOX. As such, the plan demonstrates that, from an emissions
projections standpoint, emissions are projected to decrease.
It is important to note that the formation of ozone is dependent on
a number of variables which cannot be estimated through emissions
growth and reduction calculations. A few of these variables include
weather and the transport of ozone precursors from outside the
maintenance area. In the Section 110(a)(1) maintenance plan, MDNR has
indicated that the state will track the progress of the maintenance
plan by updating the emissions inventory for the KCMA approximately
every three years. The years of 2005, 2008, and 2011 were chosen as the
years in which emissions will be reviewed. A review of the 2005
emissions inventory is underway. The emissions inventory update will
include point, area, and onroad and offroad emissions. Information from
these future updates will be compared with the projected growth
estimates for the 2002 base inventory data to track maintenance of the
standard.
Ambient Monitoring: With regard to the ambient air monitoring
component of the maintenance plan, Missouri's plan describes the ozone
monitoring network in Kansas City and explains that states and local
air agencies are responsible for the operation, maintenance and data
collection at these monitoring sites. MDNR commits to continue
operating air quality monitors in accordance with 40 CFR Part 58 to
verify maintenance of the 8-hour ozone standard. If any changes to the
monitoring locations become necessary, MDNR commits to working with EPA
to ensure that the adequacy of the monitoring network is maintained.
Contingency Measures: EPA interprets Section 110(a)(1) of the CAA
to require that the state develop a contingency
[[Page 44780]]
plan that will ensure that any violation of a NAAQS is promptly
corrected. The purposes of the contingency measures, outlined in MDNR's
maintenance plan, are to achieve sufficient VOC and/or NOX
emissions to reduce further ozone monitored concentrations. Missouri
and Kansas worked together to design a two-phased approach for the
contingency measure portion of the maintenance plan. The approach
includes specific triggers for each phase. The triggers are the same
for both states although the measures vary slightly. For Phase 1, the
Missouri plan provides that a violation of the 8-hour ozone standard,
once quality assured, would trigger two control measures, which are (1)
early implementation of control devices on Clean Air Interstate Rule-
(CAIR) affected coal-fired electric generating units; and (2) an idle
reduction regulation.
Phase 2 contingency measures would be triggered by the occurrences
of either of the following two events: (1) A three-year design value
for the area equaling or exceeding 0.089 parts per million (ppm) which
would become active one year following the end of the ozone season that
triggered the Phase 1 contingency measures or (2) three consecutive
years following the Phase 1 trigger year with a design value greater
than 0.084 ppm. Either of these events would implement the selection of
control measures of Phase 2. Following the implementation of Phase 1,
if any one year has a three-year design value equaling or exceeding
0.085 ppm, an evaluation to determine appropriate action will be
undertaken by MDNR. The purpose of delaying the potential
implementation of Phase 2 control measures for a period of time
following the implementation of Phase 1 is to allow for Phase 1
controls to be initiated and have an effect on air quality in the
region before Phase 2 is implemented. It also allows for further
evaluation of the various control measures that could be implemented
under Phase 2. Below are a few of the controls options being considered
for Phase 2: NOX reductions to coal-fired electric
generating units (EGUs) not covered under CAIR that exceed 100 tons of
NOX emissions per year; NOX reductions from
industrial boilers and process heaters that exceed 100 tons of
NOX emissions per year; NOX reductions from
cement kilns that exceed 100 tons of NOX emissions per year;
lowering the threshold for major sources of VOCs to 75 tons per year;
enacting regulations to reduce VOC emissions from 46 architectural and
industrial maintenance coatings, including traffic coatings; enacting
emissions offsets of 1.1:1.0 for new sources; diesel Engine Chip Re-
Flashing regulations; or enacting the gas-cap testing program. If
triggered, the Phase 2 measures will be selected based on emission
reduction benefits, cost effectiveness and timeframe for
implementation. MDNR also would consider additional potential measures
if other beneficial emission reduction methods are determined to be
useful to the air quality in the KCMA.
What action is EPA taking?
Missouri has addressed the components of a maintenance plan
pursuant to EPA's May 20, 2005, guidance. The Section 110(a)(1) 8-hour
ozone Kansas City maintenance plan approved in this action will replace
the existing Section 175A 1-hour ozone maintenance plan. Existing VOC
control rules included in the 1-hour maintenance plan will remain in
place. Missouri has committed to implementing the contingency measures
within 24 months of the trigger date and will take action to maintain
the standard in the event the contingency measures are triggered.
We are processing this action as a direct final action because we
do not anticipate any adverse comments. Please note that if EPA
receives adverse comment on part of this rule and if that part can be
severed from the remainder of the rule, EPA may adopt as final those
parts of the rule that are not the subject of an adverse comment.
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 by the Office of Management and Budget. For this
reason, 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 rule 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 rule approves 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 rule 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). 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 rule also is not subject to 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 state 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 rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 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
[[Page 44781]]
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 October 9, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: July 27, 2007.
John B. Askew,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
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(e) the table is amended by adding an entry in
numerical order 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 or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(53) Maintenance Plan for the 8- Kansas City........ 5/23/07 8/9/07 [insert FR This plan replaces
hour ozone standard in the page number where numbers (46) and
Missouri portion of the Kansas the document (50).
City area. begins].
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[FR Doc. E7-15264 Filed 8-8-07; 8:45 am]
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