[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Pages 62572-62575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24759]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0448; FRL-9918-18-Region-7]


Air Quality State Implementation Plans; Approval and 
Promulgation: Missouri; 2013 State Implementation Plan for the 2008 
Lead Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State

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Implementation Plan (SIP) for the State of Missouri. This final action 
will approve Missouri's SIP for the lead National Ambient Air Quality 
Standard (NAAQS) nonattainment area of Herculaneum, Missouri. EPA 
proposed approval of this plan on July 24, 2014. The applicable 
standard addressed in this action is the lead NAAQS promulgated by EPA 
in 2008. EPA believes Missouri's SIP satisfies the applicable 
requirements of the Clean Air Act (CAA) identified in EPA's 2008 Final 
Rule and will bring the area into attainment of the 0.15 micrograms per 
cubic meter (ug/m\3\) lead NAAQS in the Herculaneum, Missouri area.
    In this action, EPA is also finalizing its approval of a revision 
to the Missouri SIP related to the 2007 Consent Judgment which was 
previously approved into the Missouri SIP for the 1978 lead NAAQS.

DATES: This final rule is effective on November 19, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0448. 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., 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, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. The Regional Office's official hours of business 
are Monday through Friday, 8:00 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, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7719, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?

I. What is being addressed in this document?

    In this document, EPA is granting final approval of Missouri's SIP 
for the lead NAAQS nonattainment area of Herculaneum, Missouri. The 
applicable standard addressed in this action is the lead NAAQS 
promulgated by EPA in 2008 (73 FR 66964). EPA is also granting final 
approval to a revision to the Missouri SIP related to the 2007 Consent 
Judgment which was previously approved in the Missouri SIP as for the 
1978 lead NAAQS (77 FR 9529, February 17, 2012). EPA's proposal 
containing the background information for this action can be found at 
79 FR 42991, July 24, 2014.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission 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 meets the 
substantive SIP requirements of the CAA, including Section 110 and 
implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened July 24, 
2014, the date of its publication in the Federal Register, and closed 
on August 25, 2014. During this period, EPA received one comment.
    Comment 1: The commenter notes that the modeling shows that 
Missouri's SIP will bring the area into attainment. The commenter 
states that should lead concentration measurements show that the SIP is 
not producing the modeled reductions in lead (or better) that the 
commenter would no longer support the strategy and suggests that at 
that time a revised plan be created and implemented.
    Response 1: EPA agrees that the modeling shows that Missouri's SIP 
will bring the area into attainment. EPA notes that if the measures in 
the SIP are not maintaining attainment of the lead NAAQS that the SIP 
includes contingency measures that will be implemented to ensure 
additional reductions are achieved and that the area maintains the 
NAAQS. The contingency measures are described in detail in the proposal 
to this action 79 FR 42991. If implementation of the contingency 
measures does not bring the area back into attainment, section 110 of 
the CAA authorizes EPA to take appropriate action to ensure the area 
will attain and maintain the 2008 lead NAAQS.

IV. What action is EPA taking?

    EPA is taking final action to amend the Missouri SIP to approve 
Missouri's SIP for the lead NAAQS nonattainment area of Herculaneum, 
Missouri. The applicable standard addressed in this action is the lead 
NAAQS promulgated by EPA in 2008 (73 FR 66964). EPA is also granting 
final approval to a revision to the Missouri SIP related to the 2007 
Consent Judgment which was previously approved in the Missouri SIP for 
the 1978 lead NAAQS (77 FR 9529, February 17, 2012).

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies 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 
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 action:
     Is not a ``significant regulatory action'' under the terms 
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
     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 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

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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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 19, 2014. 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

    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.

    Dated: September 29, 2014.
Becky Weber,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Amend the table in paragraph (d) by adding two entries at the end of 
the table in numerical order; and
0
b. Amend the table in paragraph (e) by adding an entry at the end of 
the table in numerical order.
    The amendments 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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                                                  * * * * * * *
(27) Doe Run Herculaneum, MO..  Consent Judgment              10/19/11  10/20/14 and       Modification to
                                 Modification 07JE-                      [Insert Federal    section 2.B.1. of
                                 CC00552;                                Register           the 2007 Consent
                                                                         citation].         Judgment.
(28) Doe Run Herculaneum, MO..  Consent Judgment 13JE-         6/19/13  10/20/14 and
                                 CC00557.                                [Insert Federal
                                                                         Register
                                                                         citation].
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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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                                                  * * * * * * *
(62) Implementation Plan for     City of Herculaneum, MO         4/18/13  10/20/14 and
 the 2008 Lead NAAQS.                                                      [Insert Federal
                                                                           Register
                                                                           citation].
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[FR Doc. 2014-24759 Filed 10-17-14; 8:45 am]
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