[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Rules and Regulations]
[Pages 63072-63075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24134]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R07-OAR-2004-MO-0003; FRL-7831-1]


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: Final rule and notice of administrative change.

-----------------------------------------------------------------------

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. This final rule addresses a comment 
submitted in response to EPA's direct final rule published previously 
for this action on June 30, 2004. The effect of the state 
implementation plan (SIP) approval is to ensure Federal enforceability 
of the state air program plan to provide for maintenance of the lead 
NAAQS. 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. EPA is also 
providing notice of an administrative change to a table in the Code of 
Federal Regulations which identifies the Missouri SIP.

DATES: This final rule will be effective November 29, 2004.

ADDRESSES: Copies of documents relevant to this action are available 
for public inspection during normal business hours at the Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101, or by going to the Regional Material 
in EDocket index at http://docket.epa.gov/rmepub/ and doing a quick 
search on ``R07-OAR-2004-MO-0003.''

FOR FURTHER INFORMATION CONTACT: Joshua Tapp at (913) 551-7606, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 30, 2004, EPA simultaneously published a proposed rule (69 
FR 39382) and a direct final rule (69 FR 39337) to approve the 
redesignation of the nonattainment area in Iron County, Missouri, 
bounded by Arcadia and Liberty Townships, to attainment for lead and to 
take 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 this redesignation and maintenance 
plan is described in more detail in the direct final rule (69 FR 
39337). The Missouri Department of Natural Resources (MDNR) met the 
criteria under section 107(d)(3)(E) of the Clean Air Act Amendments 
(CAAA) for redesignation of the nonattainment area in Iron County to 
attainment for the lead standard as described in detail in the direct 
final rule.
    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 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. 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, well before the recent shut-down of the facility. 
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 plume depletion, dry removal option in the ISCST 
model.
    The facility is currently in a non-production mode, but attainment 
had been shown for several years prior to this change in operation in 
December 2003. EPA has determined that the improvement in air quality 
is due to permanent and enforceable SIP controls. EPA has also 
determined that the area has a fully approved SIP for the area meeting 
the requirements of section 110 and Part D of Title I of the CAA. 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 and provides for 
adequate contingency measures to address any future violations. The 
basis for these determinations is described in detail in the direct 
final rule (69 FR 39337, 39339).
    EPA received an adverse comment during the 30-day comment period 
and therefore withdrew the direct final rule on August 24, 2004 (69 FR 
51956).

[[Page 63073]]

II. Today's Action

    In this final rulemaking, EPA is responding to the adverse comment, 
and granting final approval to the redesignation of the lead 
nonattainment area in Iron County, Missouri, to attainment of the NAAQS 
for lead. We are also approving the maintenance plan for this area, 
including a state administrative settlement agreement which was 
submitted with the redesignation request.

III. Comment and Response

    EPA received one adverse comment on EPA's June 30, 2004, rule. A 
summary of the adverse comment and EPA's response is provided below.
    Comment: The commenter was concerned that air pollution from 
Missouri industrial sources effect the air quality in states to the 
east of Missouri, including New Jersey, and EPA should focus on 
protecting public health and improving air quality.
    Response: The commenter did not take issue with any specific 
determinations made by EPA with respect to approval of the 
redesignation request and maintenance plan. The commenter submitted no 
analysis or data suggesting that lead emissions in the Glover area had 
any effect on other states. With respect to the commenter's concern 
about transported emissions, we note that the air dispersion modeling 
submitted by the Missouri Department of Natural Resources for the 
redesignation of the lead nonattainment area in the Glover, Missouri, 
area indicated that the NAAQS for lead had been attained and would be 
maintained. The Doe Run facility is located within the boundaries of 
the Liberty and Arcadia townships in Iron County, Missouri. There are 
no predicted violations of the NAAQS for lead in the ambient air in the 
vicinity of the Doe Run facility. The predicted lead concentrations 
resulting from the operation of the lead smelter decrease rapidly as 
the distance from the lead sources increases. The NAAQS for lead is 1.5 
micrograms per cubic meter averaged over a calendar quarter. A review 
of the modeling indicates that lead concentrations decrease to 
approximately 0.01 micrograms per cubic meter at approximately 10 
kilometers from the facility. The modeling predictions are supported by 
the measurements made in the local area. Due to the highly localized 
impacts of lead emissions from the facility, it is extremely unlikely 
that any significant lead concentrations from the smelter would reach 
any areas outside Missouri.
    EPA also notes that this action will not result in any increases in 
emissions from the facility. The maintenance plan commits to continuing 
to implement the lead emission control measures which resulted in 
attainment of the lead standard and to implementing contingency 
measures as necessary to address exceedances of the lead NAAQS. Any 
significant new growth would be subject to Missouri's construction 
permitting program. Therefore, EPA's action will not result in any 
additional air quality problems with respect to lead, either locally or 
in other states.

IV. Final Action

    Final rule. EPA is granting final approval to the redesignation of 
the lead nonattainment area in Iron County, Missouri, to attainment of 
the NAAQS for lead. We are approving the maintenance plan for this area 
including a settlement agreement which was submitted with the 
redesignation request. For the reasons stated in the direct final rule 
referenced previously, EPA has determined that the submission meets the 
criteria under section 107(d)(3)(E) of the CAAA for redesignation, and 
the maintenance plan requirements in section 175A of the CAAA.
    Administrative change. We are also adding numbers to entries 
previously published in table (e) in Sec.  52.1320. On May 13, 2004 (69 
FR 26506), table (e) was amended and the entry for the ``Vehicle I/M 
Program'' for St. Louis is designated (47). On August 24, 2004 (69 FR 
51955), table (e) was amended and the entry for the ``Revised 
Maintenance Plan of Doe Run Resource Recycling Facility near Buick, 
Mo.,'' is designated (48).

V. 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

[[Page 63074]]

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 December 28, 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: October 8, 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 as follows:
0
a. In the table to paragraph (d) by adding entry (22) in numerical 
order.
0
b. In the table to paragraph (e) designating the entry for ``Vehicle I/
M Program'' as (47) and designating the entry for ``Revised Maintenance 
Plan of Doe Run Resource Recycling Facility near Buick, MO.,'' as (48) 
and by adding entry (49) in numerical order.


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                                State       EPA approval
          Name of source             Order/permit number   effective date       date            Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(22) Doe Run Lead Smelter, Glover,  Settlement Agreement.        10/31/03        10/29/04  .....................
 MO.
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Applicable geographic        State       EPA approval
 Name of nonregulatory SIP provision    or nonattainment area   submittal date       date                              Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
(49) Lead Maintenance Plan...........  Iron County (part)              1/26/04        10/29/04  ........................................................
                                        within boundaries of
                                        Liberty and Arcadia
                                        Townships.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.

* * * * *

[[Page 63075]]



                                                  Missouri-Lead
----------------------------------------------------------------------------------------------------------------
                                               Designation                            Classification
        Designated area         --------------------------------------------------------------------------------
                                        Date                 Type                 Date                Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Iron County (part) Within        October 29, 2004..  Attainment.          ...................  .................
 boundaries of Liberty and
 Arcadia Townships.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 04-24134 Filed 10-28-04; 8:45 am]
BILLING CODE 6560-50-P