[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65897-65899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22981]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0835; FRL 9952-79-Region 7]


Approval of Air Quality Implementation Plans; Missouri State 
Implementation Plan for the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State 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) received by 
EPA on October 20, 2014. EPA proposed approval of this plan on February 
29, 2016. The applicable standard addressed in this action is the lead 
NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted 
by the state satisfies the applicable requirements of the Clean Air Act 
(CAA) identified in EPA's Final Rule published in the Federal Register 
on October 15, 2008, and will bring the area surrounding the Exide 
Technologies Canon Hollow facility in Forest City, Missouri, into 
attainment of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS.

DATES: This final rule is effective on October 26, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0835. All documents in the docket are listed on 
the http://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 through www.regulations.gov or 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional information.

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.

Table of Contents

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 
to address violations of the lead NAAQS near the Exide Technologies--
Canon Hollow facility in Holt County, Missouri. The applicable standard 
addressed in this action is the lead NAAQS promulgated by EPA in 2008. 
The applicable requirements of the CAA identified in EPA's Final Rule 
(73 FR 66964, October 15, 2008), and will bring the area into 
compliance with the 0.15 microgram per cubic meter (ug/m\3\) lead 
NAAQS. EPA's proposal containing the background information for this 
action can be found at 81 FR 10182, February 29, 2016.

II. Have the requirements for the 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, 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 February 
29, 2016, the date of its publication in the Federal Register, and 
closed on March 30, 2016. During this period, EPA received two comments 
posted anonymously to the Regulations.gov Web site.
    One comment pertains to mold in indoor air and not the subject of 
the proposed approval of the SIP revision to address lead in ambient 
air. Because the comment is anonymous, EPA is unable to contact the 
commenter directly to offer assistance. However, EPA offers that the 
commenter may contact Ms. Gina Grier of EPA Region 7 directly at (913) 
551-7078 for more information and assistance on the commenter's 
concerns about mold.
    The second comment states that he/she is in agreement with EPA's 
proposed action to approve the revision to the SIP and the commenter 
offers two suggestions. The first suggestion is to estimate the cost of 
water washing to clean haul routes on the facility property and the 
second is a concern that limiting truck traffic on the facility 
property may reduce the resources purchased in the state of Missouri.
    EPA's response to the first suggestion regarding water washing to 
clean the on-site haul routes is that the use of water to remove lead 
from on-site roads was studied and determined to be a cost-effective 
and necessary strategy to control lead during the development of the 
National Emissions Standards for Hazardous Air Pollutants (NESHAP) for 
Secondary Lead Smelters, promulgated January 5, 2012 (77 FR 580). 
Because the Exide Canon Hollow facility is a secondary lead smelter, it 
must comply with the requirements of this rule, including, among other 
things, the requirement to conduct twice daily water washing of on-site 
haul routes. This cleaning is necessary to control lead-containing dust 
in order to meet the 2008 lead NAAQS. The NESHAP is related to the 
NAAQS in that the NESHAP requires attainment of the same 0.15 ug/m\3\ 
standard for lead at the fenceline. No change has been made to address 
this suggestion.
    Regarding the concern that limiting truck traffic may reduce the 
resources purchased in the state of Missouri, the state and facility 
arrived at the limitations on truck traffic using EPA's AERMOD 
computer-based modeling. Truck traffic along haul routes is known to 
increase the amount of lead-containing dust that becomes re-entrained 
in ambient air. Modeling was used to estimate the amount of truck 
traffic along facility haul routes that could be allowed without 
causing a NAAQS violation at the fenceline. Thus, the limitations are 
necessary to safeguard the NAAQS level which EPA has determined to be 
protective of human health and the environment. It also should be noted 
that the restrictions on truck traffic that are required by the SIP 
only pertain to traffic on the facility property; there are no 
limitations on the amount of truck traffic on public roads. No change 
has been made to address this concern.

IV. What action is EPA taking?

    EPA is taking final action to amend the Missouri SIP to approve the 
SIP

[[Page 65898]]

revision for the 2008 lead NAAQS. The applicable standard addressed in 
this action is the lead NAAQS promulgated by EPA in 2008 (73 FR 66964).

Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the EPA-
Approved Kansas Source-Specific Requirements. Therefore, these 
materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully Federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\ EPA has 
made, and will continue to make, these documents generally available 
electronically through www.regulations.gov and at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) 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 Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 proposed 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 proposed 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 November 25, 2016. Filing a petition for 
reconsideration by the Administrator of this proposed rule does not 
affect the finality of this rulemaking 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 
future rule or action. This proposed 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 13, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA 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. Amend Sec.  52.1320 by adding paragraphs (d)(31) and (e)(71) to read 
as follows:


Sec.  52.1320   Identification of Plan

    (d) * * *

[[Page 65899]]



                            EPA-Approved Missouri Source-Specific Permits and Orders
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                                                            State
          Name of source             Order/permit  No.    effective     EPA approval date        Explanation
                                                             date
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                                                  * * * * * * *
(31) Exide Technologies Canon      Consent Judgment         10/10/14  9/26/16 and [Insert
 Hollow, MO.                        14H0-CC00064.                      Federal Register
                                                                       citation].
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    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                        Applicable          State
   Name of  nonregulatory  SIP         geographic or      submittal    EPA approval  date        Explanation
            provision               nonattainment  area      date
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                                                  * * * * * * *
(71) Exide Technologies            Forest City.........     10/15/14  9/26/16 and [Insert   [EPA-R07-OAR-2015-08
 Compliance Plan 2008 lead NAAQS.                                      Federal Register      35; FRL 9952-79-
                                                                       citation].            Region 7].
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[FR Doc. 2016-22981 Filed 9-23-16; 8:45 am]
 BILLING CODE 6560-50-P