[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Rules and Regulations]
[Pages 9529-9532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3699]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0538; FRL-9632-7]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting full approval of Missouri's attainment 
demonstration State Implementation Plan (SIP) and control strategy for 
the lead National Ambient Air Quality Standard (NAAQS) nonattainment 
area of Herculaneum, Missouri. This action is based on a proposed 
conditional approval of the SIP published on October 8, 2008, and a 
proposed approval of the supplemental SIP submittal received by EPA on 
September 3, 2009, published in the Federal Register on August 27, 
2010. The applicable standard addressed in this action is the lead 
NAAQS promulgated by EPA in 1978. EPA has determined that both SIP 
submittals from the State of Missouri satisfy the applicable 
requirements of the Clean Air Act (CAA or Act) and demonstrates 
attainment of the 1.5 microgram per cubic meter ([mu]g/m\3\) lead NAAQS 
in the Herculaneum, Missouri area. This action does not address the 
obligations which Missouri has relative to the revised lead NAAQS 
promulgated by EPA in 2008.

DATES: This final rule is effective on March 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2008-0538. All documents in the docket are listed on 
the www.regulations.gov web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (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 through 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: Stephanie Doolan at (913) 551-7719, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. Background
    A. SIP Call
    B. Proposed Conditional Approval
    C. Supplemental Proposal
II. EPA Review of the State Submittal
III. Comments and Responses
    A. Comments Received
    B. EPA Response
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    EPA established NAAQS for lead on October 5, 1978 (43 FR 46246). 
The 1978 NAAQS for lead is set at a level of 1.5 [mu]g/m\3\ of air, 
averaged over a calendar quarter. The Herculaneum, Missouri area is 
designated nonattainment for the 1978 lead NAAQS. The area is also 
designated nonattainment for the lead NAAQS promulgated by EPA in 2008, 
published on November 12, 2008 (73 FR 66964). The action which is the 
subject of today's notice addresses only the State's obligations 
regarding the 1978 standard. A SIP addressing the 2008 standard is due 
no later than June 30, 2012.

A. SIP Call

    From 2002 to 2005, ambient air monitors in the Herculaneum area 
monitored attainment of the 1978 lead NAAQS for 10 consecutive calendar 
quarters. Despite implementation of all contingency measures specified 
by the approved 2002 SIP (67 FR 18497), in the first two quarters of 
2005, air quality monitors in the area recorded violations of the 1978 
lead NAAQS, which is 1.5 [mu]g/m\3\ lead. Because of these violations 
of the 1978 lead NAAQS, EPA proposed and subsequently finalized a SIP 
Call on April 14, 2006 (71 FR 19432). The SIP Call notified the State 
of EPA's finding that the SIP was substantially inadequate to provide 
for attainment and maintenance of the lead NAAQS in Herculaneum, and 
required the State to submit a revised SIP within 12 months of the 
finding.

B. Proposed Conditional Approval

    On May 31, 2007, EPA received Missouri's revised SIP dated April 
26, 2007, for the Herculaneum area. MDNR submitted supplemental 
information to EPA on March 19, 2008. The 2007 SIP submission addressed 
most of the criteria set forth in the SIP Call, with the exception that 
process ventilation requirements had not yet been established. On 
October 8, 2008, EPA proposed conditional approval of Missouri's SIP 
submissions for May 31, 2007, and March 19, 2008 (73 FR 58913), pending 
the establishment of enforceable ventilation requirements. The reader 
should refer to the proposed conditional approval for a detailed 
discussion of the 2007 SIP submittal, and the rationale for proposing 
to approve it with conditions.

C. Supplemental Proposal

    On September 3, 2009, EPA received the SIP revision addressing 
ventilation controls, following adoption by the Missouri Air 
Conservation Commission on July 29, 2009. EPA determined that the SIP 
revision contains enforceable ventilation conditions to ensure adequate 
building particle capture. On August 27, 2010, EPA proposed full 
approval of Missouri's SIP, including the May 31, 2007, SIP submittal; 
the March 19, 2008, supplemental information; and the September 3, 
2009, supplemental SIP revision; to bring Herculaneum into attainment 
of the 1978 lead NAAQS (75 FR 52701). A detailed rationale for the 
proposed approval was included in the August 27, 2010, supplemental 
proposal.

II. EPA Review of the State Submittal

    The October 8, 2008, proposed conditional approval contains an 
extensive description of the operation of the smelter, and a discussion 
of Missouri's SIP. The proposed conditional approval includes a 
discussion of air dispersion model selection, and meteorological and 
emissions inventory input data, among other elements. The control 
strategy and contingency measures are incorporated into the 2007 
Consent Judgment between Missouri and Doe Run. For more information on 
these elements, and EPA's analysis of them, please refer to the October 
8, 2008 Federal Register (73 FR 58913) and associated docket.
    The September 3, 2009, SIP revision addressing building ventilation 
requirements, supplements the May 2007 SIP submission. Ventilation 
controls include flow rate and fan amperage limits for the Sinter 
Plant, Blast Furnace Building, and Refinery Building that result in a 
minimum inflow of air at all openings (e.g., doors) to demonstrate that 
each building is under negative pressure. The 2009 supplemental SIP 
revision includes the revised Work Practices Manual, as well as the 
Consent Judgment amended to include the ventilation controls,

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associated implementation schedules, and contingency measures. The 2009 
amended Consent Judgment and Work Practices Manual are enforceable 
documents included in Missouri's SIP submittal, and, by virtue of this 
approval, are Federally enforceable as well. For additional information 
on these elements, please refer to the August 27, 2010, Federal 
Register (75 FR 52701) and associated docket.
    MDNR has revised the Work Practices Manual to include the 
additional recordkeeping, compliance monitoring, and corrective action 
requirements associated with building ventilation. The facility is 
required to measure flow rates once per minute using an automatic data 
logging system and to conduct an inflow test of all applicable doors 
and openings each calendar quarter. Doe Run must submit quarterly 
reports to MDNR summarizing any violations of flow rate and amperage 
requirements, and corrective actions taken. Finally, if an ambient air 
quality monitor in Herculaneum exceeds 1.4 [mu]g/m\3\ of lead, the 
facility must conduct a fluid modeling study of flow patterns within 
process buildings to determine whether additional ventilation controls 
are appropriate.
    In addition to the ventilation control requirements, the Work 
Practices Manual has also been revised to prohibit construction when 
temperatures are below 39 degrees Fahrenheit. During the first quarter 
of 2008, the facility monitored a violation of the 1978 lead NAAQS 
primarily due to in-plant road dust from construction equipment 
activities during periods of time when the watering system at the plant 
was not operating. Limiting construction when the plant watering system 
cannot be operated for dust suppression is expected to decrease the 
lead concentrations in ambient air.
    EPA has determined that the September 3, 2009, supplemental SIP 
revision contains the necessary enforceable conditions for ventilation-
related control measures. EPA described its analysis of these 
ventilation requirements in the supplemental proposal, and incorporates 
its analysis in this final action.
    The Main Street monitor operated by MDNR is the closest ambient air 
monitor to the Herculaneum facility. Since the first quarter of 2008, 
the Main Street monitor has reported 12 consecutive quarterly averages, 
or three years, of lead concentrations that attain the 1978 lead NAAQS 
(1.5 [mu]g/m\3\). Lead concentrations measured by MDNR at the Main 
Street monitor from the second quarter of 2008 to the present range 
from 0.662 [mu]g/m\3\, reported for October through December of 2009, 
to 1.124 [mu]g/m\3\, reported for July through September 2009.
    Modeling conducted by MDNR as a part of its 2007 SIP attainment 
demonstration predicts an ambient lead concentration of 1.49 [mu]g/m\3\ 
at the facility fence line. A comparison of the SIP attainment 
demonstration modeling with the measured ambient lead concentrations 
over the past three years, described above, indicates that the model 
conservatively predicts ambient lead concentrations and provides 
further assurance that the control strategy provides for attainment of 
the 1978 lead NAAQS.

III. Comments and Responses

A. Comments Received

    EPA received one set of comments from Doe Run on its October 8, 
2008, proposed conditional approval of Missouri's SIP submission (73 FR 
58913). EPA is responding to this set of comments in this final action. 
EPA did not receive any comments on the supplemental proposed rule.
    On November 7, 2008, Doe Run commented that EPA should grant full 
approval of the 2007 Missouri SIP submittal for attainment of the 1978 
lead NAAQS at the Herculaneum facility. The basis of this comment was:
    1. Doe Run proceeded to install and implement the controls and 
measures specified by the 2007 SIP submission even though EPA had not 
approved the SIP;
    2. EPA points to no specific SIP deficiency under section 110 of 
the CAA in its proposal to conditionally rather than fully approve the 
SIP submittal;
    3. It is unnecessary for EPA to further delay final and full 
approval to ensure the enforceability of the SIP submittal;
    4. The buildings included in the ventilation study upon which final 
approval is predicated have been and continue to maintain adequate 
inflow and building closures control fugitive emissions as intended by 
the SIP submittal; and
    5. The modeling demonstration supports full approval.

B. EPA Response

    In this action, EPA is granting full approval to the Missouri SIP 
submittal (consisting, as stated previously, of the initial 2007 
submittal, the 2008 supplemental information, and the 2009 supplemental 
SIP revision) so that the comment requesting full approval of the prior 
submission is no longer relevant. However, we note that EPA initially 
proposed conditional approval of the SIP submittal based on the 
requirement of section 110(a)(2)(A) of the CAA which states that SIPs 
shall include enforceable emission limitations and other control 
measures that may be necessary or appropriate to meet the applicable 
requirements of the CAA. Until the 2009 supplemental SIP revision was 
received, the ventilation controls, which are a necessary part of the 
emission reduction strategy for attaining the 1978 lead NAAQS, were not 
permanent and enforceable. With this final action, the obligation to 
continue to meet these requirements is now mandated by the SIP, as 
required by section 110(a)(2)(A).

IV. Final Action

    This rulemaking takes final action to approve the Missouri SIP 
containing control measures to bring the Herculaneum area into 
attainment with the 1978 lead NAAQS (1.5 [mu]g/m\3\). The 2007 SIP 
submittal, 2008 supplemental information, and the 2009 supplemental SIP 
revision (which includes the revised Work Practices Manual and the 2007 
Missouri Consent Judgment with the 2009 amendment to include 
enforceable ventilation control requirements) together demonstrate 
attainment of the 1978 lead NAAQS and fulfill the requirements of the 
CAA. EPA notes that although this SIP revision is directionally correct 
in terms of achieving reductions in lead emissions, the State remains 
obligated to submit a SIP to attain the 2008 lead NAAQS.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that the Administrator determines to be in compliance with 
the provisions of the Act and applicable Federal regulations. 42 U.S.C. 
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the CAA. Accordingly, this final action merely approves state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities

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under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 April 17, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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

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

    Dated: February 6, 2012.
Karl Brooks,
Regional Administrator, Region 7.

    40 CFR part 52 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:
0
a. The table in paragraph (d) is amended by adding entry (25) in 
numerical order; and
0
b. The table in paragraph (e) is amended by adding entry (56) in 
numerical order to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

                                                EPA-Approved Missouri Source-Specific Permits and Orders
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                                                                State
          Name of source             Order/permit number   effective date             EPA approval date                         Explanation
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                                                                      * * * * * * *
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(25) Doe Run Herculaneum, MO......  Consent Judgment              5/21/07  2/17/12 [insert FR page number where    This approval does not include any
                                     Modification 07JE-           7/29/09   the document begins].                   subsequent modifications after 2009.
                                     CC00552.                modification
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* * * * *
    (e) * * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
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     Name of nonregulatory SIP      Applicable geographic       State
             provision              or nonattainment area  submittal date             EPA approval date                         Explanation
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                                                                      * * * * * * *
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(56) CAA Section 110(a)(2) SIP--    City of Herculaneum,          7/29/09  2/17/12 [insert FR page number where    .....................................
 1978 Pb NAAQS.                      MO.                                    the document begins].
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[FR Doc. 2012-3699 Filed 2-16-12; 8:45 am]
BILLING CODE 6560-50-P