[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Rules and Regulations]
[Pages 51953-51956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19337]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R07-OAR-2004-MO-0002; FRL-7805-1]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is announcing it is approving a revision to the Missouri 
State Implementation Plan (SIP) which pertains to a state rule and 
maintenance plan applicable to the Doe Run Resource Recycling Lead 
Facility at Buick, Missouri. This revision revises certain furnace 
production limits at the facility, which are contained in the state 
rule and maintenance plan.
    Approval of this revision will ensure consistency between the state 
and federally-approved rules and maintenance plan, and ensure Federal 
enforceability of the revised state rule and maintenance plan.

DATES: This direct final rule will be effective October 25, 2004, 
without further notice, unless EPA receives adverse comment by 
September 23, 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-0002, 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 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: Judith Robinson, 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 Judith 
Robinson, 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-
0002. 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 Web site and the Federal regulations.gov Web 
site 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

[[Page 51954]]

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 a.m. to 4:30 p.m., excluding Federal holidays. The 
interested persons wanting to examine these documents should make an 
appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Judith Robinson at (913) 551-7825, 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 Been Met?
    What Action is EPA Taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards (NAAQS) 
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 
EPA 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 revising the maintenance plan for western Iron County, 
Missouri, as an amendment to the SIP. This was submitted to us on April 
29, 2003. The plan includes production limit changes in order to match 
revisions to 10 CSR 10-6.120 that revised furnace throughput limits. 
These changes allow Doe Run greater operational flexibility without 
increasing net lead emissions. It also corrects grammatical errors and 
updates the quarterly monitor results. The area has been redesignated 
as attainment of the NAAQS for lead and there have not been any 
monitored exceedances.
    We are also taking final action to approve the revision to rule 10 
CSR 10-6.120, Restriction of Emissions of Lead From Specific Lead 
Smelter-Refinery Installations, which was submitted to us on May 6, 
2003. The revision to this rule pertains to the Doe Run Resource 
Recycling Facility and lowers the maximum daily throughput limit for 
the Blast Furnace from 1000 tons per day (tpd) to 786 tpd. It raises 
the limits for the Reverbatory Furnace from 360 tpd to 500 tpd and the 
limits for the Rotary Melt Furnace from 240 tpd to 300 tpd. There is a 
net reduction in the short-term throughput for three separate units. 
The blast furnace unit with the largest emission rate (104 pounds per 
ton (lbs/ton)) was the only unit whose throughput was reduced. The two 
other units had higher throughput increases but lower emission rates: 
Reverberatory furnace (65 lbs/ton) and rotary melt (32 lbs/ton). Since 
all units are vented to the same stack, these changes will result in a 
reduction of ambient lead concentrations. There is no net increase in 
maximum daily throughput so the maximum potential lead emissions are 
expected to decrease. This will also allow the company greater 
operational flexibility without increasing net lead emissions. It will 
also maintain the NAAQS for lead.
    The Doe Run Resource Recycling Facility is limited by permit to 
140,000 tons per year for production. Doe Run estimates that the 
Facility will increase potential production from 140,000 tons per year 
to 175,000 tons per year. The proposed increase is subject to approval 
by Missouri under its construction permitting program. A condition of 
granting such a permit is modeling the new potential emission and 
showing that the new plant configuration will not exceed any allowable 
prevention of significant deterioration (PSD) increment or NAAQS 
including the NAAQS for lead.
    Approval of this revision does not impact or modify the existing 
Doe Run permit. Moreover this approval in no way affects Doe Run's 
obligation to comply with the production limitations under the current 
PSD permit.

Have the Requirements for Approval of a SIP Revision Been Met?

    The state submittals have met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The submittals also 
satisfied the completeness criteria of 40 CFR part 51,

[[Page 51955]]

appendix V. In addition, as explained above and in more detail in the 
technical support document which is part of this document, the 
revisions meet the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

What Action Is EPA Taking?

    We are taking final action to approve the submission for the Doe 
Run Resource Recycling Facility near Buick, Missouri, as an amendment 
to the SIP. The effective date is December 5, 2002.
    We are also taking final action to approve the revision to rule 10 
C.S.R. 10-6.120, Restriction of Emissions of Lead From Specific Lead 
Smelter-Refinery Installations, as an amendment to the SIP. The 
effective date is April 30, 2003.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives relevant adverse comment on part of 
this rule and if that part can be severed from the remainder of the 
rule, EPA may adopt as final those parts of the rule that are not the 
subject of an adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it 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 October 25, 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

    Dated: August 9, 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:
0
a. In the table to paragraph (c) under Chapter 6 by revising the entry 
for 10-6.120.
0
b. In the table to paragraph (e) by adding an entry at the end of the 
table.
    The revision and addition read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

[[Page 51956]]



                                        EPA-Approved Missouri Regulations
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                                                       State
       Missouri citation               Title         effective        EPA  approval  date         Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
--------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
--------------------------------
10-6.120.......................  Restriction of         4/30/03  8/24/04 [insert FR page
                                  Emissions of                    citation].
                                  Lead From
                                  Specific Lead
                                  Smelter-Refinery
                                  Installations.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                     Applicable
   Name of nonregulatory SIP       geographic or       State
           provision               nonattainment     submittal        EPA  approval  date         Explanation
                                        area            date
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                                                  * * * * * * *
--------------------------------
Revised Maintenance Plan of Doe  Dent Township in       4/29/03  8/24/04 [insert FR page       Furnace daily
 Run Resource Recycling           Iron County.                    citation].                    throughput
 Facility near Buick, MO.                                                                       limits required
                                                                                                to be consistent
                                                                                                with rule 10 CSR
                                                                                                10-6.120. Annual
                                                                                                production cap
                                                                                                in Doe Run
                                                                                                construction
                                                                                                permit not
                                                                                                affected by this
                                                                                                rulemaking.
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[FR Doc. 04-19337 Filed 8-23-04; 8:45 am]
BILLING CODE 6560-50-P