[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Rules and Regulations]
[Pages 25203-25206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-0095; FRL-8309-3]


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 approving an amendment to the Missouri State 
Implementation Plan (SIP). This action approves an amendment to the 
SIP-approved Doe Run Herculaneum Consent Judgment to remove language 
specifying the exact bag technology to be used in the baghouses. 
Related performance standard requirements will remain unchanged. This 
action is independent and does not affect the revision to the Missouri 
SIP due in April 2007, in response to the SIP Call issued April 14, 
2006, to bring the area of Herculaneum into compliance with the lead 
National Ambient Air Quality Standard.

DATES: This direct final rule will be effective July 3, 2007, without 
further notice, unless EPA receives adverse comment by June 4, 2007. 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 Docket ID No. EPA-R07-
OAR-2007-0095, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail: Gwen Yoshimura, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Gwen 
Yoshimura, Environmental Protection Agency, Air Planning and 
Development Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0095. 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://www.regulations.gov, 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 through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, 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 http://www.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

[[Page 25204]]

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 
http://www.regulations.gov index. 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 http://www.regulations.gov 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 to 4:30 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: Gwen Yoshimura at (913) 551-7073, 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 
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?

    EPA established the National Ambient Air Quality Standard (NAAQS) 
for lead on October 5, 1978 (43 FR 46246). The standard for lead is set 
at a level of 1.5 micrograms ([mu]g) of lead per cubic meter (m\3\) of 
air, averaged over a calendar quarter. During the 1980s and 1990s, 
Missouri submitted and EPA approved a number of SIP revisions for lead 
to address ambient lead problems in various areas of the State. One 
such area was in Herculaneum, Missouri, which is the site of the Doe 
Run primary lead smelter. Doe Run-Herculaneum is the only currently 
operating primary lead smelter in the United States.
    The most recent SIP revisions for the Doe Run-Herculaneum area were 
published in the Federal Register on April 16, 2002 (67 FR 18497). The 
State submittal included a Consent Judgment entered into by the State 
and the Doe Run Company, which contained the control and contingency 
measures with enforceable dates for implementation. As part of the 
Consent Judgment, a Total Suspended Particulate (TSP) limit of 0.022 
grains per dry standard cubic foot was established for Number 7, 8, and 
9 Baghouse. The Consent Judgment further specified that Teflon membrane 
filter bags be used in these baghouses.
    Since implementing these specifications, Doe Run found that the 
Teflon filters resulted in operational issues such as bag cleaning and 
high operating pressure differentials which reduced bag life and led to 
higher maintenance. The bags that Doe Run proposes to install are spun-
bound pleated filter elements that have approximately twice the filter 
area as the original bags. The manufacturer's specifications state that 
this design significantly reduces the differential pressure and air-to-
cloth ratios, resulting in improved performance and durability. The 
pleated bags must meet the current Total Suspended Particulate limits 
(0.022 grains per dry standard cubic foot) required in the Consent 
Judgment. MDNR has also modified the Consent Judgment to require a 
performance test to verify the new filter elements are meeting 
performance requirements. This action removes language referring to the 
exact bag technology while leaving the related performance standard 
requirements in place. This is an approvable change as it will not 
increase emissions and does not affect the stringency of the control 
requirement.

Have the requirements for approval of a SIP revision 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 technical 
support document which is part of this document, the revision

[[Page 25205]]

meets the substantive SIP requirements of the CAA, including section 
110 and implementing regulations.

What action is EPA taking?

    This action approves revision to the Missouri SIP-approved Doe Run 
Herculaneum Consent Judgment. The revision removes language referring 
to the exact bag technology while leaving the related performance 
standard requirements in place. We are processing this action as a 
direct final action because the revisions do not change performance 
standard requirements and are thus expected to be noncontroversial. 
Additionally, the revisions have gone through the Missouri approval 
process, including a public hearing and opportunity for public 
comments. EPA was the only party to provide comments during Missouri's 
comment period. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives 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 approves a State rule implementing a 
Federal standard.
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 3, 2007. 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, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: April 26, 2007.
John B. Askew,
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. In Sec.  52.1320(d) the table is amended by adding entry (24) at the 
end of the table to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

[[Page 25206]]



                            EPA-Approved Missouri Source-Specific Permits and Orders
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                                                            State
          Name of source            Order/permit number   effective     EPA approval date        Explanation
                                                             date
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                                                  * * * * * * *
(24) Doe Run Herculaneum, MO.....  Consent Judgment         12/20/05  5/4/07 [insert FR
                                    Modification, CV301-               page number where
                                    0052CCJ1.                          the document
                                                                       begins].
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 [FR Doc. E7-8560 Filed 5-3-07; 8:45 am]
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