The United States Environmental Protection Agency Region 7 (“EPA”) sent a February 16th letter to the Governor of Missouri addressing certain recommendations that the Missouri Department of Natural Resources (“DNR”) had submitted on September 25th addressing air quality designations.
EPA states that DNR had submitted recommendations on air quality designations for the state of Missouri for the 2010 revisions to the National Ambient Air Quality Standards (“NAAQS”) for sulfur dioxide (“SO₂”).
NAAQS are established by EPA for a limited number of air pollutants. The states are required to develop State Implementation Plans (“SIPs”) to ensure that its air quality control regions meet the various NAAQS.
EPA’s February 16th letter notes that on June 3, 2010, the federal agency strengthened the NAAQS for SO₂ by establishing a standard for one-hour average SO₂ concentrations at a level of 75 parts per billion. It further notes that within one year after a new or revised NAAQS is established, the Governor of each state is required to submit to EPA a list of all areas in the state, with recommendations whether each area meets the NAAQS.
EPA describes a schedule in which it is considering state recommendations and promulgating designations for various air quality control regions across the country.
As to Missouri’s NAAQS recommendations the federal agency notes that it intends to designate as Nonattainment or Unclassifiable/Nonattainment the following areas (which include the following counties or portions of counties):
Intended Nonattainment Area
Franklin County*
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Intended Nonattainment County
Franklin County (p)*
St. Charles (p)*
(p) indicates portion of county
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Intended Unclassified/Attainment Area
Scott County
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Intended Unclassifiable/Attainment
Area County
Scott County
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The asterisk (*) indicates the designation or boundary for this intended nonattainment area represents a modification to the designation or boundary that you have recommended.
EPA also references areas for which it does not have conclusive information to determine whether the areas are meeting or not meeting the SO₂ standards, and therefore intends to designate them as unclassifiable:
Intended Unclassifiable
Jackson County*
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Intended Unclassifiable County
Jackson County (p)
(p) indicates portion of county
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The asterisk (*) indicates the designation for this intended unclassifiable area represents a modification to the designation that you have recommended.
EPA also states in part:
Based on ambient air quality data collected between 2012 and 2014 indicating a violation of the 2010 SO₂ NAAQS, the EPA initially identified an area in Missouri as one that would potentially create the obligation for us to designate by July 2, 2016. The consent decree directs the EPA to evaluate data collected for the most recent three years (i.e., between 2013 and 2015), and Missouri has submitted to the EPA complete, quality assured and certified data for calendar year 2015 for Iron County indicating compliance with the 2010 SO₂ NAAQS. As a result, the EPA intends to designate this area by either December 31, 2017, or December 31, 2020.
Click here to download a copy of the letter.
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