[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Rules and Regulations]
[Pages 39337-39341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14701]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R07-OAR-2004-MO-0003; FRL-7779-9]


Approval and Promulgation of Implementation Plans; State of 
Missouri; Designation of Areas for Air Quality Planning Purposes, Iron 
County; Arcadia and Liberty Townships

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is announcing the redesignation of the lead nonattainment 
area in Iron County, Missouri, to attainment of the National Ambient 
Air Quality Standard (NAAQS) for lead. We are approving the maintenance 
plan for this area including a settlement agreement which was submitted 
with the redesignation request. The effect of the SIP approval is to 
ensure Federal enforceability of the state air program plan and to 
maintain consistency between the state-adopted plan and the approved 
SIP. The effect of the redesignation is to recognize that the area has 
attained the lead NAAQS and to focus future air quality planning 
efforts on maintenance of the lead NAAQS in the area.

DATES: This direct final rule will be effective August 30, 2004, 
without further notice, unless EPA receives adverse comment by July 30, 
2004. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R07-OAR-2004-MO-0003, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for

[[Page 39338]]

receiving comments. Once in the system, select ``quick search;'' then 
key in the appropriate RME Docket identification number. Follow the on-
line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Mail: James Hirtz, Environmental Protection Agency, Air Planning 
and Development Branch, 901 North 5th Street, Kansas City, Kansas 
66101.
    5. Hand Delivery or Courier. Deliver your comments to James Hirtz, 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to RME ID No. R07-OAR-2004-MO-
0003. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME website and the Federal regulations.gov website 
are ``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Environmental Protection Agency, Air Planning 
and Development Branch, 901 North 5th Street, Kansas City, Kansas 
66101. The Regional Office's official hours of business are Monday 
through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. 
Interested persons wanting to examine these documents should make an 
appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: James Hirtz at (913) 551-7472, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

    What is a SIP?
    What is the Federal approval process for a SIP?
    What does Federal approval of a state regulation mean to me?
    What is being addressed in this document?
    Have the requirements for approval of a SIP revision and 
redesignation to attainment been met?
    What action is EPA taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA or Act) requires states to 
develop air pollution regulations and control strategies to ensure that 
state air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the 
Federally-enforceable SIP, states must formally adopt the regulations 
and control strategies consistent with state and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
us.
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally-approved SIP is primarily a state 
responsibility. However, after the regulation is Federally approved, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
section 304 of the CAA.

What Is Being Addressed in This Document?

    We are redesignating the nonattainment area in Iron County, 
Missouri, bounded by Arcadia and Liberty Townships, to attainment for 
lead and taking final action to approve the submission for the Doe Run 
Primary Smelting Facility near Glover, Missouri, as an amendment to the 
SIP.
    The basis for our approval of the rule is described in this 
document and in more detail in the technical support document (TSD) 
prepared for this action. The TSD is available at the address 
identified above.
    The purpose of the submittal is to meet the criteria under section 
107(d)(3) of the Clean Air Act Amendments (CAAA) for redesignation of 
the nonattainment area in Iron County to attainment for the lead 
standard.
    The area was designated as nonattainment for lead in January 1992. 
The nonattainment area includes the portion of Iron County, Missouri, 
bounded by Arcadia and Liberty

[[Page 39339]]

Townships. The major source of lead emissions in this nonattainment 
area is the Doe Run Primary Smelting Facility, near Glover, Missouri.
    Primary smelting of lead began at this location in 1968. Currently 
the facility has ceased production and has been operating on a care and 
maintenance schedule since December 1, 2003.
    Section 107(d)(3) of the CAAA establishes the five requirements to 
be met before we can designate an area from nonattainment to 
attainment. These are:
    1. The area has attained the NAAQS;
    2. The area has a fully approved SIP under section 110(k) of the 
Act;
    3. We have determined that the improvement in air quality is due to 
permanent and enforceable emissions reductions;
    4. We have determined that the maintenance plan for the area has 
met the requirements of section 175A of the Act and;
    5. The state has met all requirements applicable to the area under 
section 110 and part D.

Attainment of the NAAQS

    The state submittal provided ambient air monitor data showing that 
this area has consistently shown compliance with the NAAQS for lead 
since the first quarter of 1997. Ambient monitoring for lead has shown 
compliance with the NAAQS for 28 consecutive calendar quarters. The 
NAAQS for lead is 1.5 micrograms per cubic meter (1.5 [mu]g/m\3\), 
maximum quarterly average. A quarterly average is considered a 
violation of the standard if it is at least 1.6 [mu]g/m\3\ when rounded 
to tenths from the hundredths place when monitored.
    EPA guidance provides that, for lead, attainment should be 
demonstrated by modeling as well as monitoring. Air dispersion modeling 
using the ISCST Version 3 dated February 4, 2002, was used to evaluate 
the concentration of lead resulting from operations at the Doe Run 
Primary Lead Smelting Facility. The maximum concentration predicted by 
the model was a value of 1.252 [mu]g/m\3\ which is in compliance with 
the lead standard. This maximum modeled value was obtained by 
incorporating the dry depletion option in the ISCST model.

Fully Approved SIP

    Missouri submitted part D nonattainment SIPs for the Doe Run 
Primary Smelting Facility and its predecessor in 1996 and 1998. The 
SIPs established emission, operational and work practice standards. 
These requirements included enforceable throughput and emission point 
limits, identified emission control projects that the facility would 
have to complete prior to producing primary lead, and established 
contingency measures to reduce fugitive emissions for the secondary 
process. The 1996 part D nonattainment SIP became effective on May 5, 
1997, and meets the requirements of section 110. A detailed discussion 
of the SIP revision can be found in the March 5, 1997, Federal Register 
document (62 FR 9970). The 1998 part D nonattainment SIP became 
effective on May 16, 2002, and merely reflects a change in ownership of 
the smelter (67 FR 18497). The SIP for the area has been fully approved 
under section 110(k) as meeting all applicable requirements of section 
110 and part D.

Permanent and Enforceable Emissions Reductions

    The permanent and enforceable emission reductions at the Doe Run 
Primary Smelting Facility include implementation of the part D 
nonattainment SIP, which includes (1) performance criteria and 
maintenance of emission control systems, (2) stack testing 
requirements, (3) process throughput limitations, (4) record keeping 
requirements, and (5) the installation of reasonably available control 
technology and reasonably available control measures. These provisions 
were previously approved in the 1997 EPA action previously cited. They 
have now been incorporated into a single settlement agreement between 
Doe Run, the Missouri Department of Natural Resources (MDNR), and the 
Missouri Air Conservation Commission. EPA is approving the settlement 
agreement containing the requirements as part of this action.
    Since 1996 Doe Run has implemented additional engineering projects 
to meet the maximum achievable control technology standards for primary 
lead smelting facilities, 40 CFR part 63 subpart TTT, promulgated in 
1999.
    Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From 
Specific Lead Smelter-Refinery Installations, previously approved by 
EPA, further ensures the permanent and enforceable emission reductions 
by specifying emissions limits for the facility. These limits have also 
resulted in improved air quality.
    Although as discussed previously, the facility is currently in a 
non-production mode, attainment had been shown for several years prior 
to the change in operation in December 2003. Therefore, EPA has 
determined that the improvement in air quality is due to permanent and 
enforceable SIP controls.

Fully Approved Maintenance Plan

    The maintenance plan submitted as part of the SIP revision provides 
for maintenance of the relevant NAAQS in the area for at least ten 
years after the approval of redesignation to attainment.
    The maintenance plan for the Doe Run Primary Smelting Facility 
addresses the monitoring network, the emission inventory, the 
maintenance demonstration, and verification of continued attainment, as 
described in more detail in the TSD. The plan also includes contingency 
measures: (1) Truck wash; (2) Expand in-plant road sprinkler system; 
(3) Withdraw unloading building air for Sinter Plant make-up air; (4) 
New stack emission limits for (a) Main Stack--160.1 lbs of lead/24 
hours; (b) Ventilation Baghouse Stack--108.9 lbs of lead/24 hours; (c) 
Blast Furnace Stack--71.5 lbs of lead/24 hours; (5) Modify refinery 
skims handling in blast furnace area; and (6) Increase efficiency of 
Sinter Plant ventilation baghouse. The contingency measures are also 
specified in the settlement agreement which was approved by MDNR and 
Doe Run.
    Eight years after the redesignation, the state has committed to 
submit a revised maintenance plan demonstrating attainment for ten 
years following the initial ten-year period.

Part D and Section 110

    The state has met these requirements by submitting and implementing 
the nonattainment plan to bring the area back into attainment. As 
described previously in this document, EPA has determined that this 
plan meets all the applicable requirements of section 110 and part D. 
The reader may refer to the previously cited Federal Register documents 
approving the SIP for additional information describing how the SIP 
meets the applicable requirements of section 110 and part D.

Have the Requirements for Approval of a SIP Revision and Redesignation 
to Attainment Been Met?

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the TSD which is 
part of this document, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations. The state submittal also meets the criteria for 
redesignation to attainment in section 107(d)(3) of the CAA, as 
explained above and in the TSD.

[[Page 39340]]

What Action Is EPA Taking?

    Our review of the material submitted indicates that the state has 
adopted a maintenance plan meeting the requirements of the CAA. The 
state submission also meets the requirements for redesignation. We are 
taking final action to approve the submission for the Doe Run Primary 
Smelting Facility near Glover, Missouri, as an amendment to the SIP and 
redesignate the nonattainment area in Iron County, Missouri, to 
attainment for lead.
    We are processing this action as a final action because the state 
received no adverse comments on the maintenance SIP and redesignation 
request during its public comment period, and because the area has been 
attaining the lead standard since 1997 based on monitored data. 
Therefore, we do not anticipate any adverse comments.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule 
approves preexisting requirements under state law. In addition, the 
redesignation is an action which affects the status of a geographic 
area but does not impose any new requirements on governmental entities 
or sources. Therefore because it does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4).
    This rule and redesignation do not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 30, 2004. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, Lead, National 
parks, Wilderness area.

    Dated: June 21, 2004.
James B. Gulliford,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

0
2. Section 52.1320 is amended by adding in paragraphs (d) and (e), an 
entry at the end of each table to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (d) * * *

                                                  EPA-Approved State Source-Specific Permits and Orders
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         Name of source                              Order/permit No.                     State effective date   EPA approval date       Explanation
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[[Page 39341]]

 
                                                                      * * * * * * *
Doe Run Lead Smelter, Glover, MO  Settlement Agreement..................................  10/31/03............  6/30/04 [Insert FR   ...................
                                                                                                                 page citation]
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    (e) * * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
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    Name of nonregulatory SIP
            provision                   Applicable geographic or nonattainment area       State submittal date   EPA approval date       Explanation
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                                                                      * * * * * * *
Lead Maintenance Plan...........  Iron County (part) within boundaries of Liberty and     1/26/04               6/30/04 [Insert FR   ...................
                                   Arcadia Townships.                                                            page citation]
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PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.326 the table entitled ``Missouri-Lead'' is amended by 
revising the entry for ``Iron County (part) Within boundaries of 
Liberty and Arcadia Townships'' to read as follows:


Sec.  81.326  Missouri.

* * * * *

                                                 Missouri-- Lead
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                                               Designation                            Classification
        Designated area         --------------------------------------------------------------------------------
                                         Date                Type                Date                Type
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                                                  * * * * * * *
Iron County (part) Within        6/30/04              Attainment          ..................  ..................
 boundaries of Liberty and
 Arcadia Townships.
                                                  * * * * * * *
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[FR Doc. 04-14701 Filed 6-29-04; 8:45 am]
BILLING CODE 6560-50-P