[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Proposed Rules]
[Pages 29486-29499]
[FR Doc No: 2018-13442]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2017-0349; FRL-9979-84--Region 7]

Approval of Missouri Air Quality Implementation Plans;
Redesignation of the Missouri Portion of the St. Louis-St. Charles-
Farmington, MO-IL 2008 Ozone Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a request from the Missouri Department of Natural Resources
(MDNR) to redesignate the Missouri portion of the St. Louis-St.
Charles-Farmington, MO-IL nonattainment area (``St. Louis area'' or
``area'') to attainment for the 2008 ozone National Ambient Air Quality
Standard (NAAQS). MDNR submitted this request on September 12, 2016,
with a supplemental submission on February 16, 2018, to include a
revised motor vehicle emissions budget. EPA is proposing this action
because the request meets the statutory requirements for redesignation
under the Clean Air Act (CAA). As part of this action, EPA is also
proposing to approve, as a revision to the Missouri State
Implementation Plan (SIP), the state's plan for maintaining the 2008 8-
hour ozone NAAQS through 2030. Finally, EPA finds adequate and is
proposing to approve, as a SIP revision, the State's 2030 volatile
organic compound (VOC) and oxides of nitrogen (NOX) Motor
Vehicle Emission Budgets (MVEBs) for the Missouri portion of the St.
Louis area. EPA addressed the Illinois portion of the St. Louis area in
a separate rulemaking action on March 1, 2018. 83 FR 8756.

DATES: Comments must be received on or before July 25, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0349, to https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

Table of Contents

I. What is being addressed in this document?
II. Background Information
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Missouri's redesignation request?
    A. Criteria (1)--The St. Louis Area Has Attained the 2008 8-Hour
Ozone NAAQS
    B. Criteria (2)--Missouri Has a Fully Approved SIP Under Section
110(k) for the St. Louis Area; and Criteria (5) Missouri Has Met All
Applicable Requirements for the St. Louis Area of Section 110 and
Part D of the CAA
    C. Criteria (3)--The Air Quality Improvement in the St. Louis
Area Is Due to Permanent and Enforceable Emission Reductions
    D. Criteria (4)--The Area Has a Fully Approvable Ozone
Maintenance Plan Pursant to Section 175 of the CAA
V. Has the State adopted approvable motor vehicle emission budgets?
    A. Motor Vehicle Emission Budgets
    B. What is the status of the EPA's adequacy determination for
the proposed VOC and NOX MVEBs for the St. Louis area?
    C. What is a safety margin?
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is proposing to approve MDNR's request to change the
designation of the Missouri portion of the St. Louis area from
nonattainment to attainment for the 2008 ozone NAAQS, based on quality-
assured and certified data monitoring data for 2013-2015, and that the
Missouri portion of the St. Louis area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA.
    EPA is also proposing to approve the state's maintenance plan as a
revision to the Missouri SIP; the maintenance plan is designed to keep
the Missouri portion of the St. Louis area in attainment of the 2008
ozone NAAQS through 2030.
    Finally, EPA finds adequate and is proposing to approve into the
SIP the newly-established 2030 MVEBs for the area. The adequacy comment
period for the MVEBs began on April 10, 2018, with EPA's posting of the
availability of Missouri's submittal on EPA's Adequacy website (at
https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity). The adequacy
comment period for these MVEBs ended on May 10, 2018. EPA did not
receive any adverse comments on this submittal during the adequacy
comment period. In a letter dated May 15, 2018, EPA informed Missouri
that the 2030 MVEBs are adequate for use in transportation conformity
analyses. Please see section V.B. of this rulemaking, ``What is the
status of EPA's adequacy determination for the proposed VOC and
NOX MVEBs for the St. Louis area?'' for further explanation
of this process.

II. Background Information

    EPA has determined that ground-level ozone is detrimental to human
health. On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS
of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008).
Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS
is attained when the three-year average of the annual fourth highest
daily maximum 8-hour average concentration is equal to or less than
0.075 ppm at all of the ozone monitoring sites in the area. See 40 CFR
50.15 and appendix P to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS based on the most recent three years of quality
assured ozone monitoring data. The St. Louis area was designated as a
marginal nonattainment area for the 2008 ozone NAAQS on May 21, 2012
(77 FR 30088); the designation became effective on July 20, 2012.
    In a final implementation rule for the 2008 ozone NAAQS (SIP
Requirements Rule),\1\ EPA established ozone standard attainment dates
based on table 1 of CAA section 181(a). For the areas classified as
marginal nonattainment, this established an attainment date three years
after the July 20, 2012 effective date.
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    \1\ This rule, titled ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements,'' published on March 6, 2015. 80 FR 12264. The rule
addresses nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology (RACT), reasonably available control
measures (RACM), new source review (NSR), emission inventories, and
the timing requirements for SIP submissions and compliance with
emission control measures in the SIP. This rule also addresses the
revocation of the 1997 ozone NAAQS and the antibacksliding
requirements that apply when the 1997 ozone NAAQS is revoked.
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    CAA section 181(b)(2) requires EPA to determine, based on an area's
ozone design value as of the area's attainment deadline, whether the
area has attained the ozone standard by that date. The statute provides
a mechanism by which states that meet certain criteria may request, and
be granted by the Administrator, a one year extension of an area's
attainment deadline. On May 4, 2016, based on EPA's evaluation and
determination that the areas met the criteria of CAA section 181(a)(5),
EPA granted the St. Louis area a one year extension of the marginal
area attainment date; the revised attainment date became July 20, 2016.
81 FR 26697.
    On June 27, 2016, in accordance with CAA section 181(b)(2)(A) and
the provisions of the SIP Requirements Rule, EPA determined that the
St. Louis area attained the 2008 8-hour ozone standard by its July 20,
2016, attainment date. 81 FR 41444. EPA's determination was based upon
three years of complete, quality assured and certified data for the
2013-2015 time period.
    On September 12, 2016, with a supplemental revision on February 16,
2018, Missouri submitted to EPA a request to redesignate the Missouri
portion of the St. Louis area, to attainment for the 2008 ozone NAAQS,
and to approve the maintenance plan for that area, including the 2030
MVEBs, as a revision to the SIP.

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of a
nonattainment area to attainment of the NAAQS provided that: (1) The
Administrator determines that the area has attained the NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k) of the CAA; (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, applicable Federal air pollutant
control regulations, and other permanent and enforceable emission
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A of the CAA;
and (5) the state containing the area has met all requirements
applicable to the area for the purposes of redesignation under section
110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
    1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division, June
18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of Ozone
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.

IV. What is EPA's analysis of Missouri's redesignation request?

A. Criteria (1)--The St. Louis Area Has Attained the 2008-Hour Ozone
NAAQS

    For redesignation of a nonattainment area to attainment, the CAA
section 107(d)(3)(E)(i) requires EPA to determine that the area has
attained the applicable NAAQS. An area is attaining the 2008 ozone
NAAQS if it meets the 2008 ozone NAAQS, as determined in accordance
with 40 CFR 50.15 and appendix P of part 50, based on three complete,
consecutive calendar years of quality assured air quality data for all
monitoring sites in the area. To attain the NAAQS, the three-year
average of the annual fourth-highest daily maximum 8-hour average ozone
concentrations (ozone design values) at each monitor must not exceed
0.075 ppm. The air quality data must be collected and quality-assured
in accordance with 40 CFR part 58 and recorded in EPA's Air Quality
System (AQS). Ambient air quality monitoring data for the three year
period must also meet data completeness requirements. An ozone design
value is valid if daily maximum 8-hour average concentrations are
available for at least 90 percent of the days within the ozone
monitoring seasons,\2\ on average, for the three-year period, with a
minimum data completeness of 75 percent during the ozone monitoring
season of any year during the three year period. See section 2.3 of
appendix P to 40 CFR part 50.
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    \2\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for the St. Louis area runs from March-October.
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    On June 27, 2016, in accordance with CAA section 181(b)(2)(A) and
the provisions of the SIP Requirements Rule, EPA determined that the
St. Louis area attained the 2008 ozone NAAQS by its July 20, 2016,
attainment date. See 81 FR 41444. EPA's determination was based upon
three years of complete, quality assured and certified data that had
been recorded in AQS for the 2013-2015 time period. The data
demonstrated that the St. Louis area is attaining the 2008 ozone NAAQS.
The annual fourth-highest 8-hour ozone concentrations and the three-
year average of these concentrations (monitoring site ozone design
values) for each monitoring site are summarized in table 1.

 Table 1--Annual 4th Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages for the St. Louis-St.
                                         Charles-Farmington, MO-IL Area
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                                                                4th Highest values                   2013-2015
            County               Monitoring site ------------------------------------------------  Design value
                                      name          2013 (ppm)      2014 (ppm)      2015 (ppm)         (ppm)
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St. Charles, MO...............  Orchard Farm....           0.071           0.072           0.066           0.069
St. Charles, MO...............  West Alton......           0.071           0.072           0.070           0.071
St. Louis City, MO............  Blair Street....           0.066           0.066           0.063           0.065
St. Louis, MO.................  Maryland Heights           0.070           0.072           0.069           0.070
St. Louis, MO.................  Pacific.........           0.067           0.065           0.065           0.065
Jefferson, MO.................  Arnold West.....           0.069           0.072           0.069           0.070
Madison, IL...................  Alhambra........           0.071           0.068           0.067           0.068

Madison, IL...................  Alton...........           0.072           0.072           0.069           0.071
Madison, IL...................  Maryville.......           0.075           0.070           0.064           0.069
Madison, IL...................  Wood River......           0.069           0.070           0.069           0.069
St. Clair, IL.................  East St. Louis..           0.066           0.067           0.066           0.066
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    The most recent certified, quality assured data for 2017 indicates
that the area continues to attain the 2008 ozone NAAQS. If the design
value of a monitoring site in the area exceeds the NAAQS after
proposal, but before final approval of the redesignation, EPA will not
take final action to approve the redesignation of the St. Louis area to
attainment.
    The three-year ozone design value for 2013-2015 is 0.071 ppm,\3\
which meets the 2008 ozone NAAQS. Therefore, in this action, EPA
proposes to determine that the St. Louis area is attaining the 2008
ozone NAAQS.
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    \3\ The ozone design value for the monitor with the highest
three-year averaged concentration.
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B. Criteria (2)--Missouri Has a Fully Approved SIP Under Section 110(k)
for the St. Louis Area; and Criteria (5)--Missouri Has Met All
Applicable Requirements for the St. Louis Area of Section 110 and Part
D of the CAA

    As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all applicable requirements under CAA section 110 and part D of
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that
the state has a fully approved SIP under CAA section 110(k) (see
section 107(d)(3)(E)(ii) of the CAA). EPA proposes to find that
Missouri has met all currently applicable SIP requirements for purposes
of redesignation of the St. Louis area to attainment of the 2008 ozone
standard under section 110 and part D of the CAA in accordance with
section 107(d)(2)(E)(v). In making these proposed determinations, EPA
ascertained which CAA requirements are applicable to the St. Louis area
and the Missouri SIP and, if applicable, whether the required Missouri
SIP elements are fully approved under section 110(k) and part D of the
CAA. As discussed more fully below, SIPs must be fully approved only
with respect to currently applicable requirements of the CAA.\4\
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    \4\ See section 175A(c) of the CAA. See September 4, 1992
Calcagni Memorandum. See Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004). See also 68 FR 25418 (May 12, 2003, pages 68 FR 25424 and 68
FR 25427) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS). See also the September 17,
1993, Michael Shapiro memorandum and 60 FR 12459, 60 FR 12465-60 FR
12466 (March 7, 1995) (redesignation of Detroit Ann Arbor, Michigan
to attainment of the 1-hour ozone NAAQS).
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1. Missouri Has Met All Applicable Requirements of Section 110 and Part
D of the CAA Applicable to the Missouri Portion of the St. Louis Area
for Purposes of Redesignation
    General SIP Requirements. Section 110(a)(2) of the CAA delineates
the general requirements for a SIP. Section 110(a)(2) provides that the
SIP must have been adopted by the state after reasonable public notice
and hearing, and that, among other things, it must: (1) Include
enforceable emission limitations and other control measures, means or
techniques necessary to meet the requirements of the CAA; (2) provide
for establishment and operation of appropriate devices, methods,
systems, and procedures necessary to monitor ambient air quality; (3)
provide for implementation of a source permit program to regulate the
modification and construction of stationary sources within the areas
covered by the plan; (4) include provisions for the implementation of
part C prevention of significant deterioration (PSD) and part D new
source review (NSR) permit programs; (5) include provisions for
stationary source emission control measures, monitoring, and reporting;
(6) include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants.\5\ However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D) SIP requirement is not linked
with a particular area's ozone designation and classification. EPA
believes that the SIP requirements linked with the area's ozone
designation and classification are the relevant measures to evaluate
when reviewing a redesignation request for the area. The section
110(a)(2)(D) requirements, where applicable, continue to apply to a
state regardless of the designation of any one particular area within
the state. Thus, EPA does not believe these requirements should be
construed to be applicable requirements for the purposes of
redesignation.\6\
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    \5\ Nitrogen oxides (NOX) are precursor pollutants to
ozone formation. On October 27, 1992 (63 FR 57356), EPA issued a
NOX SIP call requiring 22 states and the District of
Columbia to reduce emissions of NOX in order to reduce
the transport of ozone and ozone precursors.
    \6\ See 65 FR 37890 (June 15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 68 FR 25426-27 (May 13, 2003).
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    In addition, EPA believes that other section 110 elements are
neither connected with nonattainment plan submissions, nor linked with
an area's ozone attainment status and are not applicable requirements
for purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment for the 2008
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate when reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity and oxygenated fuels
requirements, as well as with section 184 ozone transport
requirements.\7\ EPA has reviewed

Missouri's SIP revision and has concluded that it meets the general SIP
requirements under section 110 of the CAA to the extent that those
requirements are applicable for purposes of redesignation. On March 22,
2018 (83 FR 12496), EPA approved elements of the SIP submitted by
Missouri to meet the requirements of section 110 for the 2008 ozone
standard. The requirements of section 110(a)(2), however, are statewide
requirements that are not linked to the ozone nonattainment status of
the St. Louis area. Therefore, EPA concludes that these infrastructure
requirements are not applicable requirements for purposes of review of
the state's ozone redesignation request.
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    \7\ See Reading, Pennsylvania proposed and final rulemakings, 61
FR 53174-61 FR 53176 (October 10, 1996) and 62 FR 24826 (May 7,
1997); Cleveland-Akron-Loraine, Ohio final rulemaking, 61 FR 20458
(May 7, 1996); and Tampa, Florida final rulemaking, 60 FR 62748
(December 7, 1995). See also the discussion of this issue in the
Cincinnati, Ohio ozone redesignation (65 FR 37890, June 19, 2000),
and the Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399,
October 19, 2001).
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    Part D Requirements. Section 172(c) of the CAA sets forth the basic
requirements of air quality plans for states with nonattainment areas
that are required to submit them pursuant to section 172(b). Subpart 2
of part D, which includes section 182 of the CAA, establishes specific
requirements for ozone nonattainment areas depending on the areas'
nonattainment classifications.
    The Missouri portion of the St. Louis area was classified as
marginal under subpart 2 for the 2008 ozone NAAQS. As such, the area is
subject to the subpart 1 requirements contained in section 172(c) and
section 176. Similarly, the area is subject to the subpart 2
requirements contained in section 182(a) (marginal nonattainment area
requirements). A thorough discussion of the requirements contained in
section 172(c) and 182 can be found in the General Preamble for
Implementation of title I (57 FR 13498).
    Subpart 1 Section 172 Requirements. As provided in subpart 2, for
marginal ozone nonattainment areas such as the St. Louis area, the
specific requirements of section 182(a) apply in lieu of the attainment
planning requirements that would otherwise apply under section 172(c),
including the attainment demonstration and reasonably available control
measures (RACM) under section 172(c)(1), reasonable further progress
(RFP) under section 172(c)(2), and contingency measures under section
172(c)(9).\8\
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    \8\ See 42 U.S.C. 7511a(a).
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    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement is superseded by the inventory requirement in section
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and 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 most recently approved
Missouri's NSR program on June 4, 2015 (80 FR 31844).\9\ EPA has
determined that, since PSD requirements will apply after redesignation,
areas being redesignated need not comply with the requirement that a
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 the Nichols
Memorandum. See also rulemakings for the Illinois portion of the St.
Louis Area (77 FR 34819, 77 FR 34826, June 12, 2012); Louisville,
Kentucky (66 FR 53665, 66 FR 53669, October 23, 2001); Grand Rapids,
Michigan (61 FR 31831, 61 FR 31834-61 FR 31837, June 21, 1996);
Cleveland-Akron-Lorain, Ohio (61 FR 20458, 61 FR 20469-61 FR 20470, May
7, 1996); Detroit, Michigan (60 FR 12459, 61 FR 12467-61 FR 12468,
March 7, 1995). Missouri has demonstrated that the area will be able to
maintain the standard without part D NSR in effect; therefore, EPA
concludes that the state need not have a fully approved part D NSR
program prior to approval of the redesignation request. Missouri's PSD
program will become effective in the area upon redesignation to
attainment.
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    \9\ The ``Marginal Area Plan for the Missouri Portion of the St.
Louis Nonattainment Area for the 2008 8-Hour Ground Level Ozone
National Ambient Air Quality Standard'' submitted by the state on
September 9, 2014 noted that the state's NSR program was approved by
EPA and that no ``corrections'' needed to be made in the SIP. This
SIP revision was approved on February 25, 2016 (81 FR 9346).
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    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.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the
Missouri SIP meets the requirements of section 110(a)(2) 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 that
are 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 that EPA promulgated
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements as not applying for
purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved.\10\ See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Nevertheless, Missouri has an
approved conformity SIP for the St. Louis-St. Charles-Farmington, MO-IL
area. See 78 FR 53247 (August 29, 2013).
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    \10\ CAA section 176(c)(4)(E) requires states to submit
revisions to their SIPs to reflect certain Federal criteria and
procedures for determining transportation conformity. Transportation
conformity SIPs are different from SIPs requiring the development of
Motor Vehicle Emission Budgets (MVEBs), such as control strategy
SIPs and maintenance plans.
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    Section 182(a) Requirements. Section 182(a)(1) requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions from sources of volatile organic compounds (VOCs) and
nitrogen oxides (NOX) emitted within the boundaries of the
ozone nonattainment area. The state's ``Marginal Area Plan for the
Missouri Portion of the St. Louis Nonattainment Area for the 2008 8-
Hour Ground Level Ozone National Ambient Air Quality Standard''
submitted by the state on September 9, 2014, included a 2011 base year
emissions inventory for the Missouri portion of the St. Louis area. EPA
approved this emissions inventory as a revision to the Missouri SIP on
February 25, 2016 (81 FR 9346).
    Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated before the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available

control technology (RACT) rules that were required under section
172(b)(3) before the 1990 CAA amendments. The St. Louis area is not
subject to the section 182(a)(2) RACT ``fix up'' requirement for the
2008 ozone NAAQS because it was designated as nonattainment for this
standard after the enactment of the 1990 CAA amendments and because
Missouri complied with this requirement for the St. Louis area under
the prior 1-hour ozone NAAQS.\11\
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    \11\ See 65 FR 31482 (June 18, 2000) and 61 FR 10968 (March 18,
1996).
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    Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program before the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or
already in the SIP at the time of the CAA amendments, whichever is more
stringent. For the purposes of the 2008 ozone standard and the
consideration of Missouri's redesignation request for this standard,
the St. Louis area is not subject to the section 182(a)(2)(B)
requirement because the St. Louis area was designated as nonattainment
for the 2008 ozone standard after the enactment of the 1990 CAA
amendments.
    Regarding the source permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), as previously noted, Missouri
currently has a fully-approved part D NSR program in place. The state's
``Marginal Area Plan for the Missouri Portion of the St. Louis
Nonattainment Area for the 2008 8-Hour Ground Level Ozone National
Ambient Air Quality Standard'' submitted in September 2014, included an
offset ratio. As noted in the September 2014 SIP revision, the
requirement for emission offset reductions is part of Missouri's NSR
program and codified in the state's regulations at 10 CSR 10-
6.060(7)(B)1. The corresponding offset ratio for each ozone area
classification (i.e. 1.1:1 for Marginal) is found in the Federal code
at 40 CFR 51.165(a)(3)(9). Thus Missouri has satisfied the CAA section
182(a)(4) requirement for Marginal Area Plan submissions in
establishing a Marginal Area emission offset reduction ratio of 1.1:1
in its NSR program by SIP-approved rule consistent with the
corresponding Federal code. EPA approved the September 2014 SIP
revision on February 25, 2016 (81 FR 9346).
    Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed
below, Missouri will continue to update its emissions inventory at
least once every three years. With regard to stationary source emission
statements, EPA last approved Missouri's emission statement rule on
March 19, 2015 (80 FR 14312). In MDNR's May 22, 2015 submittal,
Missouri stated that this approved SIP regulation remains in place and
remains enforceable for the 2008 ozone standard. The state's ``Marginal
Area Plan for the Missouri Portion of the St. Louis Nonattainment Area
for the 2008 8-Hour Ground Level Ozone National Ambient Air Quality
Standard'' SIP revision submitted in September 2014, noted that SIP
approved state 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 emissions
data, process information, and annual emissions fees. EPA approved the
September 2014 SIP revision on February 25, 2016 (81 FR 9346).
    EPA is proposing to approve that the Missouri portion of the St.
Louis area has satisfied all applicable requirements for purposes of
redesignation under section 110 and part D of title I of the CAA.
2. The St. Louis Area Has a Fully Approved SIP for Purposes of
Redesignation Under Section 110(k) of the CAA
    As discussed above, EPA has fully approved the Missouri SIP for the
St. Louis area under section 110(k) all requirements applicable for
purposes of redesignation under the 2008 ozone NAAQS. EPA may rely on
prior SIP approvals in approving a redesignation request (see the
Calcagni memorandum at page 3; Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir. 1998); Wall v. EPA,
265 F.3d 426), plus any additional measures it may approve in
conjunction with a redesignation action (see 68 FR 25426 (May 12, 2003)
and citations therein). Missouri has adopted and submitted, and EPA has
fully approved at various times, provisions addressing the various SIP
elements applicable for the ozone NAAQS.
    As indicated above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA has approved all part D requirements
applicable for purposes of this redesignation.

C. Criteria (3)--The Air Quality Improvement in the St. Louis Area Is
Due to Permanent and Enforceable Emission Reductions

    To support the redesignation of an area from nonattainment 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 the
implementation of the SIP and applicable Federal air pollution control
regulations and other permanent and enforceable emission reductions.
EPA is proposing to determine that Missouri has demonstrated that the
observed ozone air quality improvement in the St. Louis area is due to
permanent and enforceable reductions in VOC and NOX
emissions resulting from state measures adopted into the SIP and
Federal measures.
    In making this demonstration, the state has calculated the change
in emissions between 2011 and 2014. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to a number of regulatory control measures that the St.
Louis area and upwind areas have implemented in recent years. Based on
the information summarized below, Missouri has adequately demonstrated
that the improvement in air quality is due to permanent and enforceable
emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule
(CSAPR)/CSAPR Update. CAIR created regional cap-and-trade programs to
reduce sulfur dioxide (SO2) and NOX emissions in
twenty seven eastern states, including Missouri, that contributed to
downwind nonattainment and maintenance of the 1997 8-hour ozone NAAQS
and the 1997 fine particulate matter (PM2.5) NAAQS. See 70
FR 25162 (May 12, 2005). EPA approved Missouri's CAIR regulations into
the Missouri SIP on December 14, 2007 (72 FR 71073). In 2008, the
United States Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) initially vacated CAIR, North Carolina v. EPA, 531 F.3d
896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without

vacatur 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 (76 FR 48208), acting on the D.C. Circuit's remand, EPA
promulgated CSAPR to replace CAIR and thus to address the interstate
transport of emissions contributing to nonattainment and interfering
with maintenance of the two air quality standards covered by CAIR as
well as the 2006 PM2.5 NAAQS. CSAPR requires substantial
reductions of SO2 and NOX emissions from electric
generating units (EGUs) in 28 states in the Eastern United States.
    The D.C. Circuit's initial vacatur of CSAPR was reversed by the
United States Supreme Court on April 29, 2014, and the case was
remanded to the D.C. Circuit to resolve remaining issues in accordance
with the high court's ruling. EPA v. EME Homer City Generation, L.P.,
134 S. Ct. 1584 (2014).\12\ On remand, the D.C. Circuit affirmed CSAPR
in most respects, but invalidated without vacating some of the CSAPR
budgets as to a number of states. EME Homer City Generation, L.P. v.
EPA, 795 F.3d 118 (D.C. Cir. 2015). This litigation ultimately delayed
implementation of CSAPR for three years, from January 1, 2012, when
CSAPR's cap-and-trade programs were originally scheduled to replace the
CAIR cap-and-trade programs, to January 1, 2015. Thus, the rule's Phase
2 budgets that were originally promulgated to begin on January 1, 2014,
began on January 1, 2017.
---------------------------------------------------------------------------

    \12\ EME Homer City Generation, L.P. v. EPA, 696 F. 3d 7, 38
(D.C. Cir. 2012).
---------------------------------------------------------------------------

    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 therefore
sunset at the end of 2014 and was replaced by CSAPR beginning January
1, 2015, which continue to remain in place. Relative to CAIR, CSAPR
required similar or greater emission reductions from relevant upwind
areas starting in 2015 and beyond, and Missouri's emissions budgets
were not affected by the Court's remand of some of the ozone-season and
SO2 budgets.
    While the reduction in NOX emissions from the
implementation of CSAPR will result in lower concentrations of
transported ozone and ozone precursors entering the St. Louis area
throughout the maintenance period, EPA is proposing to approve the
redesignation of the St. Louis area without relying on those measures
within Missouri as having led to attainment of the 2008 ozone NAAQS or
contributing to maintenance of that standard because, as noted above,
CSAPR did not go into effect until January 1, 2015. As a general
matter, EPA expects that the implementation of CSAPR will preserve the
reductions achieved by CAIR and result in additional SO2 and
NOX emission reductions throughout the maintenance period.
    In addition, on October 26, 2016 (81 FR 74504), EPA finalized the
Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS (CSAPR
Update). This new rule replaces the CSAPR rule for purposes of
transport of ozone pollution with respect to the 2008 ozone NAAQS. The
finalized rule issued a Federal Implementation Plan (FIP) that
generally provided updated CSAPR NOX ozone season emission
budgets for the EGUs within twenty two states in the eastern United
States, and implements these budgets via modifications to the CSAPR
NOX ozone season allowance trading program established under
the original CSAPR. The CSAPR Update rule became effective on December
27, 2016.
b. Federal and State Emission Control Measures
    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 are described below.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30 ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76 and 28
percent, respectively. NOX and VOC reductions from medium-
duty passenger vehicles included as part of the Tier 2 vehicle program
are estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. In addition, EPA estimates that
beginning in 2007, a reduction of 30,000 tons per year of
NOX will result from the benefits of sulfur control on
heavy-duty gasoline vehicles. Some of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as older vehicles are
replaced with newer, compliant model years.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
on-highway heavy-duty diesel engines that includes standards limiting
the sulfur content of diesel fuel. Emissions standards for
NOX, VOC and PM were phased in between model years 2007 and
2010. In addition, the rule reduced the highway diesel fuel sulfur
content to 15 parts per million by 2007, leading to additional
reductions in combustion NOX and VOC emissions. EPA has
estimated future year emission reductions due to implementation of this
rulemaking. Nationally, EPA estimated that 2015 NOX and VOC
emissions would decrease by 1,260,000 tons and 54,000 tons,
respectively. Nationally, EPA estimated that 2030 NOX and
VOC emissions will decrease by 2,570,000 tons and 115,000 tons,
respectively.
    Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This rule applies to diesel engines
used primarily in construction, agricultural, and industrial
applications. The rule is being phased between 2008 through 2015, and
when fully implemented will reduce emissions of NOX, VOC,
particulate matter, and carbon monoxide from these engines. It is
estimated that compliance with this rule will cut NOX
emissions from these nonroad diesel engines by approximately 90 percent
nationwide.
    Nonroad Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards are phased
in

from model year 2004 through 2012. When fully implemented, EPA
estimates an overall 72 percent reduction in VOC emissions from these
engines and an 80 percent reduction in NOX emissions. Some
of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
    National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Reciprocating Internal Combustion Engines. On March 3, 2010 (75 FR
9684), EPA issued a rule to reduce hazardous air pollutants from
existing diesel powered stationary reciprocating internal combustion
engines, also known as compression ignition engines. Amendments to this
rule were finalized on January 14, 2013 (78 FR 6674). EPA estimated
that when this rule was fully implemented in 2013, NOX and
VOC emissions from these engines would be reduced by approximately
9,600 and 36,000 tons per year, respectively.
    Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
apply beginning in 2011, and are expected to result in a 15 to 25
percent reduction in NOX emissions from these engines. Final
Tier 3 emission standards apply beginning in 2016 and are expected to
result in approximately an 80 percent reduction in NOX from
these engines. Some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
c. Control Measures Specific to the St. Louis Area
    Gateway Vehicle Inspection Program. On March 3, 2015 (80 FR 11323),
EPA approved Missouri's Gateway Vehicle Inspection Program which is
found in the Missouri Code of State Regulation (CSR) at 10 CSR 5.381.
This regulation is permanent and enforceable, and will result in
continued significant reductions in both NOX and VOC
emissions from 2014 to 2030.
2. Emission Reductions
    Missouri is using a 2011 emissions inventory as the nonattainment
base year. Area, nonroad mobile, onroad mobile, and point source
emissions (EGUs and non-EGUs) were collected from the Ozone NAAQS
Implementation Modeling platform (2011v6.1). MDNR also provided an
emissions inventory for wildfires (Event) and biogenic sources. For
2011, this represents actual data Missouri reported to EPA for the 2011
National Emissions Inventory (NEI). Because emissions from state
inventory databases, the NEI, and the Ozone NAAQS Emissions Modeling
platform are annual totals, tons per summer day (tpd) were derived
according to EPA's guidance document ``Temporal Allocation of Annual
Emissions Using EMCH Temporal Profiles'' dated April 29, 2002, using
the temporal allocation references accompanying the 2011v6.1 modeling
inventory files.
    For the attainment inventory, Missouri used 2014, one of the years
the St. Louis area monitored attainment of the 2008 ozone standard.
Because the 2014 NEI inventory was not available at the time MDNR was
compiling the redesignation request, the state was unable to use the
2014 NEI inventory directly. For area, nonroad mobile, wildfire, and
biogenic sources, 2014 emissions were derived by interpolating between
2011 and 2018 Ozone NAAQS Emissions Modeling platform inventories. The
point source sector for the 2014 inventory was developed using actual
2014 point source emissions reported to the state database, which serve
as the basis for the point source emissions reported to EPA for the
NEI. Summer day inventories were derived for these sectors using the
methodology described above. Finally, onroad mobile source emissions
were developed using the same methodology described above for the 2011
inventory.
    Using the inventories described above, Missouri's submittal
documents changes in VOC and NOX emissions from 2011 to 2014
for the Missouri portion of the St. Louis area. Emissions data are
shown in tables 2 through 6.

            Table 2--Missouri Portion of the St. Louis Area NOX Emissions for Nonattainment Year 2011
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................           27.75            0.49            7.83            5.72
Jefferson.......................................           16.66            0.62           12.45            3.33
St. Charles.....................................           25.04            0.68           21.04            8.34
St. Louis.......................................           16.74            2.65           66.34           23.85
St. Louis City..................................            4.49            1.16           16.55            6.31
                                                 ---------------------------------------------------------------
    Total.......................................           90.68            5.60          124.21           47.55
----------------------------------------------------------------------------------------------------------------

            Table 3--Missouri Portion of the St. Louis Area VOC Emissions for Nonattainment Year 2011
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................            2.52            3.36             2.4            3.31
Jefferson.......................................            1.63            7.48            4.24            3.12
St. Charles.....................................            3.34           11.21            6.73            6.23
St. Louis.......................................             3.5           38.68           20.17           22.99
St. Louis City..................................            3.59           12.04            4.46            3.38
                                                 ---------------------------------------------------------------
    Total.......................................           14.58           72.77           38.00           39.03
----------------------------------------------------------------------------------------------------------------

             Table 4--Missouri Portion of the St. Louis Area NOX Emissions for Attainment Year 2014
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................           21.13            0.46            8.00            5.24
Jefferson.......................................           17.96            0.42           12.87            3.04
St. Charles.....................................           21.05            0.89           19.68            7.40
St. Louis.......................................           16.79            3.77           60.29           17.53
St. Louis City..................................            4.78            0.93           10.92            5.23
                                                 ---------------------------------------------------------------
    Total.......................................           81.71            6.47          111.76           38.44
----------------------------------------------------------------------------------------------------------------

             Table 5--Missouri Portion of the St. Louis Area VOC Emissions for Attainment Year 2014
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................            2.08            5.80            2.57            2.91
Jefferson.......................................            1.91            5.44            4.65            2.72
St. Charles.....................................            4.12           11.50            7.75            5.25
St. Louis.......................................            2.87           35.88           19.01           19.61
St. Louis City..................................            2.88           11.19            4.23            2.92
                                                 ---------------------------------------------------------------
    Total.......................................           13.86           69.81           38.21           33.42
----------------------------------------------------------------------------------------------------------------

                      Table 6--Change in NOX and VOC Emissions in the Missouri Portion of the St. Louis Area Between 2011 and 2014
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             VOC
                                                         -----------------------------------------------------------------------------------------------
                                                               2011            2014         Net change         2011            2014         Net change
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           90.68           81.70           -8.98           14.58           13.86           -0.72
Area....................................................            5.60            6.47            0.87           72.77           69.81           -2.96
Onroad..................................................          124.21          111.76          -12.45           38.00           38.21            0.21
Nonroad.................................................           47.55           38.44           -9.11           39.03           33.42           -5.61
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          268.04          238.37          -29.67          164.38          155.30           -9.08
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As indicated in table 6, total NOX and VOC emissions
decreased by nearly 30 and 9 tpd respectively from the base year to the
attainment year.\13\ Based on the control measures identified above in
conjuction with the emission reductions, Missouri has adequately
deomonstrated that the improvement in air quality is due to permanent
and enforceable emission reductions.
---------------------------------------------------------------------------

    \13\ In a letter submitted by MDNR and received by EPA August 7,
2017, the state provided clarifying information on NOx and VOC
emissions. This letter and the original submission can be found in
the docket for this action.
---------------------------------------------------------------------------

D. Criteria (4)--The Area Has a Fully Approvable Ozone Maintenance Plan
Pursant to Section 175 of the CAA

    As one of the criteria for redesignation to attainment, section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
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 maintenance plan must demonstrate continued
attainment of the NAAQS for at least ten years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional ten years beyond the initial ten year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA deems necessary, to
assure prompt correction of the future NAAQS violation.
    In conjunction with its request to redesignate the Missouri portion
of the St. Louis area to attainment for the 2008 ozone standard, MDNR
submitted a SIP revision to provide for maintenance of the 2008 ozone
standard through 2030, more than ten years after the expected effective
date of the redesignation to attainment. As discussed below, EPA is
proposing that this maintenance plan meets the requirements for
approval under section 175A of the CAA.
    The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. EPA is proposing to find that Missouri's ozone
maintenance plan includes these necessary components and, as part of
this action, is proposing to approve the maintenance plan as a revision
of the Missouri SIP.
1. Attainment Emissions Inventory
    EPA is proposing to determine that the St. Louis area has attained
the 2008 ozone NAAQS based on monitoring data for the period of 2013-
2015. As previously stated, MDNR selected 2014 as the attainment
emissions inventory

year to establish attainment emission levels for NOX and
VOC. The attainment emissions inventory identifies the levels of
emissions in the Missouri portion of the St. Louis area that are
sufficient to attain the 2008 ozone NAAQS. The derivation of the
attainment year emissions is discussed above in section IV of this
proposed rule. The attainment level emissions, by source category, are
summarized in tables 4 and 5.
2. Maintenance Demonstration
    Missouri has demonstrated maintenance of the 2008 ozone standard
through 2030 by assuring that current and future emissions of VOC and
NOX for the St. Louis area remain at or below attainment
year emission levels. A maintenance demonstration does not need to be
based on modeling.\14\
---------------------------------------------------------------------------

    \14\ 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 53094, 66 FR
53099-66 FR 53100 (October 19, 2001), 68 FR 25413, 68 FR 25430-68 FR
25432 (May 12, 2003).
---------------------------------------------------------------------------

    Missouri used emissions for the 2014 year as a baseline and
compared them to projected emissions for 2020 and 2030 to demonstrate
maintenance. The year 2030 is more than ten years after the expected
effective date of the redesignation to attainment and the year 2020 was
selected to demonstrate that emissions are not expected to spike in the
interim between the attainment year and the final maintenance year. The
emissions inventories were developed as described below.
    For point, area, and nonroad emissions inventory development,
Missouri estimated 2030 emissions by using the 2014 base year inventory
and applying growth factors appropriate for each source category. For
area sources, Stage II refueling emissions were calculated using MOVES
and assumed that Stage II vehicle refueling vapor recovery controls
would no longer be required by 2030.\15\
---------------------------------------------------------------------------

    \15\ Missouri developed and submitted a SIP revision to remove
Stage II vapor recovery requirements in the Missouri portion of the
St. Louis-St. Charles-Farmington, MO-IL area. EPA approved the
revision and the action became effective on December 10, 2015. See
80 FR 69602.
---------------------------------------------------------------------------

    For non-EGU and nonpoint emissions inventory development, Missouri
collected data from the 2011NEIv2-based platform (2011v6.2) inventories
for years 2011, 2017, and 2025. Missouri then calculated growth factors
for years 2017 and 2025 by dividing 2011 annual emissions by 2017 and
2025 annual emissions. Then, to estimate 2020 and 2030 growth factors,
the program interpolated the 2017 and 2025 growth factors and then
extrapolated to 2030. Missouri then used the TREND function in Excel to
obtain data for 2026-2030. Summer day inventories were derived for
these sectors using the methodology described above.
    For EGU emissions, Missouri decided to use 2011v6.2 emissions from
2017 for 2020 and emissions from 2025 for 2030 because MDNR believes
that it was not appropriate to use the same growth methodology for non-
EGUs and EGUs, as growth in the EGU sector depends on energy demand and
environmental, transmission, dispatch, and reliability constraints.
    Finally, onroad mobile source emissions were developed using EPA's
MOVES program with Vehicle Miles Traveled (VMT) data gathered from the
East-West Gateway Council of Governments (EWGW) in coordination with
the St. Louis Transportation Conformity Interagency Consultation Group.
Missouri specifically used MOVES version 2014a-20151201 as it was the
latest release at the time of inventory development. In developing the
future year inventories, Missouri developed several future year model
input tables, specifically age distribution, VMT, and vehicle
population tables for 2020 and 2030. These input tables were developed
with the help of MODOT, the Federal Highway Administration, and the
EWGW. The emissions data for 2020 and 2030 is shown below in tables 7
through 11.

         Table 7--Missouri Portion of the St. Louis Area NOX Emissions for Interim Maintenance Year 2020
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................           30.92            3.11            5.99            4.03
Jefferson.......................................           23.58            1.18            4.99            2.19
St. Charles.....................................            8.82            2.41            7.89            5.28
St. Louis.......................................           21.19            6.37           23.60           12.65
St. Louis City..................................            4.09            3.79            3.95            4.13
                                                 ---------------------------------------------------------------
    Total.......................................            88.6           16.87           46.42           28.27
----------------------------------------------------------------------------------------------------------------

         Table 8--Missouri Portion of the St. Louis Area VOC Emissions for Interim Maintenance Year 2020
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................            2.50            5.87            7.89            2.06
Jefferson.......................................            1.75            5.38            2.41            2.17
St. Charles.....................................            4.17           11.39            3.90            4.21
St. Louis.......................................            3.06           35.03           10.47           17.84
St. Louis City..................................            2.84           11.16            1.97            2.44
                                                 ---------------------------------------------------------------
    Total.......................................           14.32           68.86           26.64           28.71
----------------------------------------------------------------------------------------------------------------

         Table 9--Missouri Portion of the St. Louis Area NOX Emissions for Interim Maintenance Year 2030
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................           30.92            2.20            3.22            1.97

Jefferson.......................................           27.72            0.88            2.73            2.32
St. Charles.....................................            8.87            1.81            4.34            5.88
St. Louis.......................................           21.75            5.44           13.10           16.93
St. Louis City..................................            3.82            2.70            2.18            2.80
                                                 ---------------------------------------------------------------
    Total.......................................           93.08           13.03           25.57           29.90
----------------------------------------------------------------------------------------------------------------

        Table 10--Missouri Portion of the St. Louis Area VOC Emissions for Interim Maintenance Year 2030
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                     County                            Point           Area           Onroad          Nonroad
----------------------------------------------------------------------------------------------------------------
Franklin........................................            2.32            5.82            5.45            1.79
Jefferson.......................................            1.96            5.38            1.70            2.13
St. Charles.....................................            4.17           11.38            2.72            4.04
St. Louis.......................................            3.08           35.11            7.21           19.45
St. Louis City..................................            2.78           11.12            1.34            2.60
                                                 ---------------------------------------------------------------
    Total.......................................           14.31           68.80           18.42           30.01
----------------------------------------------------------------------------------------------------------------

                      Table 11--Change in NOX and VOC Emissions in the Missouri Portion of the St. Louis Area Between 2014 and 2030
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          NOX                                                 VOC
                                                 -------------------------------------------------------------------------------------------------------
                                                                                Net change                                          Net change
                                                      2014         2020         2030     (2014-2030)      2014         2020         2030     (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...........................................        81.70         88.6        93.08        11.38        13.86        14.32        14.31         0.45
Area............................................         6.47        16.87        13.03         6.58        69.81        68.86        68.80        -1.01
Onroad..........................................       111.76        46.42        25.57       -86.19        38.21        26.64        18.42       -19.79
Nonroad.........................................        38.44        28.27        29.90        -8.54        33.42        28.71        30.01        -3.41
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................       238.37       180.16       161.58       -76.79       155.30       138.53       131.54       -23.76
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In summary, the maintenance demonstration for the Missouri portion
of the St. Louis area demonstrates maintenance of the 2008 ozone
standard. It does so by providing emissions information that future
emissions of NOX and VOC will remain at or below 2014
emission levels when taking into account both future source growth and
implementation of future controls.
    Table 11 shows NOX and VOC emissions in the Missouri
portion of the St. Louis area are projected to decrease by 76.79 tpd
and 23.76 tpd, respectively, between 2014 and 2030.
    In addition, since the St. Louis area covers both Missouri and
Illinois, MDNR provided data from the Illinois portion of the St. Louis
area. This data is summarized below in table 12 and shows that the
Illinois portion of the St. Louis area will also show decreases in
NOX and VOC emissions from 2014 to 2030. This data is
provided here for informational purposes only as the EPA is not
proposing to redesignate the Illinois portion of the St. Louis area in
this action.

       Table 12--Change in NOX and VOC Emissions in the Illinois Portion of the St. Louis-St. Charles-Farmington, MO-IL Area Between 2014 and 2030
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        NOX                                                  VOC
                                               ---------------------------------------------------------------------------------------------------------
                                                                                Net change                                           Net change
                                                    2014         2020         2030      (2014-2030)      2014         2020         2030      (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.........................................        23.29        16.81        16.93         -6.36         9.38         9.03         8.53         -0.84
Area..........................................         1.53         1.51         1.51         -0.02        19.06        18.39        18.05         -1.00
Onroad........................................        26.94        13.22         6.71        -20.24        10.11         6.38         3.76         -6.36
Nonroad.......................................        24.62        18.44        11.31        -13.31         7.47         5.65         5.09         -2.38
                                               ---------------------------------------------------------------------------------------------------------
    Total.....................................        76.38        49.98        36.46        -39.93        46.02        39.45        35.43        -10.58
--------------------------------------------------------------------------------------------------------------------------------------------------------

3. Continued Air Quality Monitoring
    MDNR has committed to continue to operate the ozone monitors listed
in table 1 above and has committed to consult with the EPA prior to
making changes to the existing monitoring network should changes become
necessary in the future. Missouri remains obligated to meet monitoring
requirements and continue to quality assure monitoring data in
accordance with 40 CFR part 58, and to enter all data into the Air
Quality System (AQS) in accordance with Federal guidelines. EPA
approved Missouri's monitoring plan on December 19, 2017. See https://www.epa.gov/mo/region-7-states-air-quality-monitoring-plans-missouri.
4. Verification of Continued Attainment
    The State of Missouri has the legal authority to enforce and
implement the requirements of the maintenance plan for the Missouri
portion of the St. Louis area. This includes the authority to adopt,
implement, and enforce any subsequent emission control measures
determined to be necessary to correct future ozone attainment problems.
    Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. MDNR will continue to operate
the current ozone monitors located in the Missouri portion of the St.
Louis area. There are no plans to discontinue operation, relocate, or
otherwise change the existing ozone monitoring network other than
through revisions in the network approved by the EPA.\16\
---------------------------------------------------------------------------

    \16\ EPA approved the 2016 Missouri Monitoring Network Plan on
December 29, 2016.
---------------------------------------------------------------------------

    In addition, to track future levels of emissions, MDNR will
continue to develop and submit to the EPA updated emission inventories
for all source categories at least once every three years, consistent
with the requirements of 40 CFR part 51, subpart A, and in 40 CFR
51.122. The Consolidated Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was
replaced by the Annual Emissions Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539). The most recent triennial inventory
for Missouri was compiled for 2014. Point source facilities are covered
by Missouri's emission statement rule, 10 CSR 10-6.110 (Reporting
Emission Data, Emission Fees, and Process Information), and they will
continue to submit VOC and NOX emissions on an annual basis.
5. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as the EPA deems necessary to assure that the state will
promptly correct a violation of the NAAQS that occurs after
redesignation of the area to attainment of the NAAQS. The maintenance
plan must identify the following items: The contingency measures to be
considered and, if needed for maintenance, adopted and implemented; a
schedule and procedure for adoption and implementation; and, a time
limit for action by the state. The state should also identify specific
indicators to be used to determine when the contingency measures need
to be considered, adopted, and implemented. The maintenance plan must
include a commitment that the state will implement all measures with
respect to the control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d) of the CAA.
    As required by section 175A of the CAA, Missouri has adopted a
contingency plan for the Missouri portion of the St. Louis area to
address possible future ozone air quality problems. The contingency
plan adopted by Missouri has two levels of response, a warning level
response and an action level response.
    In Missouri's plan, a Level I warning would occur if the fourth
highest 8-hour ozone concentration at any monitoring site in the
maintenance area (including sites in Missouri and Illinois) exceeds
0.079 ppm in any year. A warning level response will consist of
Missouri conducting a study to determine whether the ozone value
indicates a trend toward higher ozone values or whether emissions
appear to be increasing. The study will evaluate whether the trend, if
any, is likely to continue and, if so, the control measures necessary
to reverse the trend. The evaluation will be completed as expeditiously
as possible, but no later than twenty-four months after MDNR has
determined that a Level I trigger has occurred.
    In Missouri's plan, an action Level II response is triggered when a
violation (based on the average of the last three (3) years' 4th
highest maximum daily 8-hour average concentrations (40 CFR 50.15)) of
the NAAQS at any monitoring station in the maintenance area occurs.
When an action level response is triggered, MDNR will conduct an
analysis to determine the appropriate measures to address the cause of
the violation. This analysis will be completed within six months of the
violation. Selected measures will be implemented as expeditiously as
practicable, taking into consideration the ease of implementation and
the technical and economic feasibility of the selected measure. The
state committed to the implementation of contingency measures, under
Level I or Level II triggers, taking place as expeditiously as
practicable, but in no event later than twenty-four months after the
state makes a determination that a trigger has occurred, based on
quality-assured ambient data that has been entered into AQS. Missouri
included the following list of potential contingency measures in its
maintenance plan:
     Identify local sources with significant NOX
and/or VOC emissions and develop controls through rules, NSR/PSD
permits, or consent agreements;
     Work with MODOT and EWGW to implement transportation
control measures (TCMs) through the Transportation Planning Process;
     Lower the applicability thresholds in existing rules that
control NOX and VOCs;
     Lower emission limits in existing rules, specifically
revisit current RACT rules;
     Develop new, or strengthen Alternative Control Techniques
(ACTs) and Control Technique Guidelines (CTGs) for NOX and
VOC sources;
     Develop rules to address contributing parts of Missouri
outside of the St. Louis-St. Charles-Farmington, MO-IL area;
     Enhance the Heavy-Duty Diesel Anti-Idling Program;
     Update 10 CSR 10-6.130 (Controlling Emissions During
Episodes of High Air Pollution Potential), specifically: Lowering the
alert/action trigger levels, amending the rule to require alert/action
level abatement plans at more facilities, and requiring existing
abatement plans to be amended with more current emission reduction
measures;
     Review other states' or multi-state organizations' rules
and determine their applicability and effectiveness (i.e., reviewing
the Ozone Transport Commission (OTC) model rules).
    EPA has concluded that the maintenance plan adequately addresses
the five basic components of a maintenance plan: An attainment emission
inventory, a maintenance demonstration, continued air quality
monitoring, verification of continued attainment, and a contingency
plan. In addition, as required by section 175A(b)

of the CAA, the state has committed to submit to the EPA an updated
ozone maintenance plan eight years after redesignation of the Missouri
portion of the St. Louis-St. Charles-Farmington, MO-IL area to cover an
additional ten years beyond the initial ten-year maintenance period.
Thus, 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, EPA proposes to approve it as a revision to
the Missouri SIP.

V. Has the state adopted approvable Motor Vehicle Emission Budgets?

A. Motor Vehicle Emission Budgets

    Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth the EPA policy, criteria, and procedures for demonstrating
and assuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved maintenance plan for the NAAQS.
    Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas.\17\ These control strategy SIPs (including
reasonable further progress plans and attainment plans) and maintenance
plans must include MVEBs for criteria pollutants, including ozone, and
their precursor pollutants (VOC and NOX for ozone) to
address pollution from onroad transportation sources. The MVEBs are the
portion of the total allowable emissions that are allocated to highway
and transit vehicle use that, together with emissions from other
sources in the area, will provide for attainment or maintenance.\18\
---------------------------------------------------------------------------

    \17\ See the SIP requirements for the 2008 ozone standard in the
EPA's March 6, 2015 implementation rule (80 FR 12264).
    \18\ See 40 CFR 93.101.
---------------------------------------------------------------------------

    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment must be established, at minimum, for the last year of the
maintenance plan; a state may adopt MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system and is further explained in the preamble to the
November 24, 1993, Transportation Conformity Rule (58 FR 62188). The
preamble also describes how to establish the MVEB in the SIP and how to
revise the MVEB, if needed, subsequent to initially establishing a MVEB
in the SIP.

B. What is the status of the EPA's adequacy determination for the
proposed VOC and NOX MVEBs for the St. Louis area?

    When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, the EPA must affirmatively find that the MVEBs
contained therein are adequate for use in determining transportation
conformity. Once EPA affirmatively finds that the submitted MVEBs are
adequate for transportation purposes, the MVEBs must be used by state
and Federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are
set out at 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission;
provision for a public comment period; and EPA's adequacy
determination. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments--Response to Court
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).
    As discussed earlier, Missouri's maintenance plan includes
NOX and VOC MVEBs for the Missouri portion of the St. Louis
area for 2014 and 2030, the attainment level year and the last year of
the maintenance period. EPA reviewed the VOC and NOX MVEBs
with the adequacy process. Missouri's September 12, 2016 and February
16, 2018, maintenance plan SIP submissions, including the VOC and
NOX MVEBs for the area, were open for public comment on
EPA's adequacy website on April 10, 2018, at: https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity.
    The EPA public comment period on adequacy of the 2030 MVEBs for the
Missouri portion of the St. Louis area closed on May 10, 2018. No
comments on the submittal were received during the adequacy comment
period. The submitted maintenance plan, which included the MVEBs, was
endorsed by the Governor's designee, was subject to a state public
hearing, and was developed as part of an interagency consultation
process which includes Federal, state, and local agencies. These MVEBs,
when considered together with all other emissions sources, are
consistent with maintenance of the 2008 8-hour ozone standard.

                         Table 13--MVEBs for the Missouri Portion of the St. Louis Area
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                       Attainment year                         2030 mobile
                                         2014 onroad       2030 estimated     safety margin        2030 MVEBs
                                          emissions       onroad emissions      allocation
----------------------------------------------------------------------------------------------------------------
VOC.................................              38.21              18.42               3.58                 22
NOX.................................             111.76              25.57              14.43                 40
----------------------------------------------------------------------------------------------------------------

    As shown in table 13, the 2030 MVEBs exceed the estimated 2030
onroad sector emissions. In an effort to accommodate future variations
in travel demand models and vehicle miles traveled forecast, MDNR
allocated a portion of the safety margin (described further below) to
the mobile sector. Missouri has demonstrated that the Missouri portion
of the St. Louis area can maintain the 2008 ozone NAAQS with mobile
source emissions in the area of 22 tpd of VOC and 40 tpd of
NOX in 2030, since despite partial allocation of the safety
margin, emissions will remain under attainment year emission levels.
Based on this analysis, the St. Louis area should maintain attainment
of the 2008 ozone NAAQS for the relevant maintenance period with mobile
source emissions at the levels of the MVEBs.
    Therefore, EPA has found that the MVEBs are adequate and is
proposing to approve the MVEBs for use in determining transportation
conformity in the Missouri portion of the St. Louis-St. Charles-
Farmington, MO-IL area.

C. What is a safety margin?

    A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in table 11, the
emissions in the Missouri portion of the St. Louis-St. Charles-
Farmington, MO-IL area are projected to have safety margins of 76.79
tpd for NOX and 23.76 tpd for VOC in 2030 (the difference
between the attainment year 2014 emissions, and the projected 2030
emissions for all sources in the Missouri portion of the St. Louis-St.
Charles-Farmington, MO-IL area). Even if emissions reached the full
level of the safety margin, the counties would still demonstrate
maintenance since emission levels would equal less than those in the
attainment year.
    As shown in table 13 above, Missouri is allocating a portion of
that safety margin to the mobile source sector. Specifically, in 2030,
Missouri is allocating 3.58 tpd and 14.43 tpd of the VOC and the
NOX safety margins, respectively. MDNR is not requesting
allocation to the MVEBs of the entire available safety margins
reflected in the demonstration of maintenance. Therefore, even though
the state is requesting MVEBs that exceed the projected onroad mobile
source emissions for 2030 contained in the maintenance demonstration,
the increase in onroad mobile source emissions that can be considered
for transportation conformity purposes is well within the safety
margins of the ozone maintenance demonstration. Further, once allocated
to mobile sources, these safety margins will not be available for use
by other sources.

VI. Proposed Action

    EPA is proposing to determine that the Missouri portion of the St.
Louis nonattainment area is attaining the 2008 ozone standard based on
quality-assured and certified monitoring data for 2013-2015 and that
the Missouri portion of the St. Louis area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA.
    EPA is also proposing to approve the state's request to change the
designation of the Missouri portion of the St. Louis area for the 2008
ozone standard from nonattainment to attainment. EPA is also proposing
to approve, as a revision to the Missouri SIP, the state's maintenance
plan for the area. The maintenance plan is designed to keep the
Missouri portion of the St. Louis area in attainment of the 2008 ozone
NAAQS through 2030. Finally, EPA finds adequate and is proposing to
approve the newly-establisheed 2030 MVEBs for the Missouri portion of
the St. Louis area.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.

    Dated: June 13, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2018-13442 Filed 6-22-18; 8:45 am]
 BILLING CODE 6560-50-P