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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations for all three designations are identical, we are approving this SIP revision to also replace the previously approved maintenance plans under those older standards.
Through this final action, the EPA is approving this maintenance plan into Missouris SIP pursuant to the CAA
section 175A as a replacement to the maintenance plans previously approved by EPA on October 2, 2018 83 FR
38033, May 12, 2003 68 FR 25413, and February 20, 2015 80 FR 9207.
On May 12, 2003, EPA published a final rule stating the St. Louis area attained the 1979 1-hour ozone standard, redesignated the area to attainment, and approved the States plan for maintaining the 1-hour ozone NAAQS 68 FR 25413.
On February 20, 2015, EPA issued a final rulemaking approving the State of Missouris request to redesignate the Missouri portion of the St. Louis nonattainment area to attainment and their demonstration for maintaining the 1997 8-hour ozone NAAQS through the ten-year maintenance period 2025 80
FR 9207.
This SIP revision we are acting on in this final action, removes the reliance on the St. Louis Inspection and Maintenance I/M program, and Reformulated Gasoline RFG for continued maintenance of the 2008, 1979 and 1997 standard. To support this revision, Missouri utilized EPAs 2014
Motor Vehicle Emissions Simulator MOVES2014b emission modeling system to project revised mobile source emissions by removing emissions reductions related to I/M and RFG
throughout the maintenance period to the future year of 2030.
EPA is approving this revised maintenance plan based on information provided in the emissions projections, modeling results, and an evaluation of quality assured air monitoring data submitted as part of this revision and in a previously reviewed analysis as part of the St. Louis Nonattainment Area 2008
8-hour Ozone NAAQS Redesignation rulemaking on September 20, 2018 83
FR 47572. Current and future projections of air quality and emissions data for this revision demonstrates maintenance for the 2008, 1979 and 1997 ozone NAAQS.
This revision only affects maintenance for the 2008, 1979 and 1997 ozone standards, only removes the reliance upon the I/M program and RFG
programs and meets the requirements of the Clean Air Act.
The full text of the plan revisions including Missouris technical demonstration can be found in the States submission, which is included in
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the docket for this action. The EPA
solicited comments on these proposed revision to Missouris SIP published on July 30, 2021 86 FR 40977, and received one individuals comment in favor of approval. Therefore, the EPA is finalizing the approval of these revisions to the SIP.
II. Have the requirements for approval of a SIP revision been met?
The States submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The State provided public notice on this SIP revision from July 29, 2019 through September 13, 2019 and received one comment from the Missouri Petroleum Marketers and Convenience Store Association, one comment from Abel Realty, and thirteen comments from EPA. After receiving comments, the State revised the SIP
prior to submitting the plan to EPA. In addition, as explained above and in more detail in the Missouri submittal document, which is part of the docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing regulations.
III. What Action is the EPA taking?
The EPA is taking final action to approve a SIP revision submitted by the State of Missouri on November 12, 2019, revising the 2008 8-hour ozone maintenance plan. EPA has determined that this revision does not interfere with attainment or maintenance of the NAAQS or with any other CAA
requirement.
IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs 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;
Does not impose an information collection burden under the provisions
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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. 1044;
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 the 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.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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.
Under section 307b1 of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 29, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements see section 307b2.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Ozone.

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