[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57698-57700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19415]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0256; FRL-10014-22-Region 7]


Air Plan Approval; Missouri; Restriction of Emission of Lead From 
Specific Lead Smelter-Refinery Installations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by Missouri on February 5, 
2019. Missouri requested that EPA revise its approved plan which 
restricts emission of lead from specific lead smelter-refinery 
installations. The revisions remove emission restrictions for a 
facility that is no longer operating, update a reference to the Federal 
National Emissions Standard for Hazardous Air Pollutants (NESHAP) for 
secondary lead smelters, and update incorporation by reference to 
testing methods. Minor editorial revisions have also been made for 
clarity. The EPA's approval of this rule revision is being done in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2020-0256. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Robert F. Webber, Environmental 
Protection Agency, Region 7 Office, Air Permitting and Standards 
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: 
(913) 551-7251; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the 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. The EPA's Response to Comments
IV. What Action is the EPA Taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is Being Addressed in this Document?

    The EPA is approving revisions to 10 Code of State Regulation (CSR) 
10-6.120, Restriction of Emissions of Lead From Specific Lead Smelter-
Refinery Installations, in the Missouri SIP. The EPA received the 
Missouri Department of Natural Resources' (MoDNR) SIP revision 
submission on February 15, 2019. The revisions are described in detail 
in the technical support document (TSD) included in the docket for this 
action.
    The revisions to 10 CSR 10-6.120 eliminate restrictions for a 
facility that is no longer operational as a primary lead smelter, 
update the reference to the National Emissions Standards for Hazardous 
Air Pollutants (NESHAP), subpart X, update the incorporation by 
reference information, and make editorial changes to the rule for 
clarity.
    Based on a detailed analysis in its TSD of the revisions to the 
state rule listed above EPA is approving the revisions to this rule 
because it promotes clarity by removing emission limits no longer 
needed for the former Herculaneum primary lead smelter, updates 
references to the NESHAP, subpart X, and test methods. These revisions 
will not have a negative impact on air quality.

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. The 
State placed this rule revision on public notice from June 29 through 
October 4, 2008. The state received three comments from two sources 
during the comment period: EPA provided two comments and Doe Run 
Resource Recycling Facility provided one comment on the rule revisions. 
MoDNR responded to all three comments received. The revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened June 1, 
2020, the date of its publication in the Federal Register and closed on 
July 1, 2020. During this period, the EPA received one adverse comment.
    Comment: The Commenter expresses opposition to EPA approving 
Missouri's requested revisions. The commenter expresses concern that 
the revisions could potentially eliminate or delay regulatory 
protections if a new facility comes in or the former Herculaneum 
primary lead smelter refinery reopens. In addition, the commenter 
states that ``the removal of a numeric emission limit for Doe Run now 
makes the rule unenforceable'' and refers to Doe Run's comment 
concerning the numerical limit during Missouri's public comment 
process.
    Response: The EPA finds that removal of the emission limits in 
Table 1 of 10 CSR 10-6.120, which were solely applicable to Doe Run's 
Herculaneum facility, is appropriate because the limits in the table 
are less stringent than the limits in the state's attainment plan and 
supporting Consent Judgment for the 2008 Lead National Ambient Air 
Quality Standards (NAAQS). The EPA's approval of the state's attainment 
plan for the 2008 Lead NAAQS was effective on November 19, 2014. See 79 
FR 62572. Missouri's removal of the emissions limitations from Table 1 
of 10 CSR 10-6.120 does not affect the enforceability of the state's 
more stringent attainment plan and the emission limits necessary to 
meet the 2008 Lead NAAQS.
    As stated in the TSD for this action, the Herculaneum primary lead 
smelter ceased lead smelting operations on December 13, 2013 as 
required by a Consent Decree.\1\ Doe Run's current and future operation 
of the facility is governed by the Consent Decree, which is federally 
enforceable, and the Consent Judgment, which has been approved into the 
Missouri SIP and is also federally enforceable. If a new company were 
to reopen the former primary lead smelter, it would be subject to the 
requirements of the Consent Decree, federal regulations such as the New 
Source Performance Standards for Primary Lead Smelters at 40 CFR part 
60, subpart R, and the National Emission Standards for Hazardous Air

[[Page 57699]]

Pollutants for Primary Lead Smelting at 40 CFR part 63, subpart TTT, in 
addition to the permitting requirements of the Missouri SIP.
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    \1\ U.S. and State of Missouri v. Doe Run Resources Corp., et 
al, No. 4:10-cv-01895-JCH, (E.D.Mo. Dec. 21, 2011).
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    Regarding the commenter's concern about removal of the numeric 
emission limit from 10 CSR 10-6.120 and Doe Run's comment to Missouri 
concerning a difference of opinion about what the limit should be, the 
EPA interprets this comment to apply to the Doe Run Resource Recycling 
Facility in Boss, Missouri, which is a separate facility from the 
former primary lead smelter in Herculaneum, Missouri. In reviewing the 
state's submittal to EPA (EPA-R07-2020-0256-002), the EPA notes that 
the numeric limit that was the subject of the Doe Run Resource 
Recycling Facility's comment to Missouri is outside of the scope of 
this action, as the limit is not contained in the version of 10 CSR 
6.120 that was previously approved into the SIP, and the limit was not 
submitted for approval into the SIP in this action. See 80 FR 52194.

IV. What Action is the EPA Taking?

    The EPA is taking final action to amend Missouri's SIP to include 
the revisions to 10 CSR 10-6.120 as requested in its February 15, 2019, 
submission.

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Missouri Regulations described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 7 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by the 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 the EPA's approval, and will be incorporated by reference 
in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968, May 22, 1997.
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VI. 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, the 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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 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 November 16, 2020. 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, Incorporation by 
reference, Lead, Reporting and recordkeeping requirements, Test 
methods.

    Dated: August 27, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA is amending 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, the table in paragraph (c) is amended by revising 
the entry ``10-6.120'' to read as follows:

[[Page 57700]]

Sec.  52.1320   Identification of plan.

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    (c) * * *

                                       EPA--Approved Missouri Regulations
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                                                          State
       Missouri citation                Title        effective date   EPA approval date        Explanation
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                                    Missouri Department of Natural Resources
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.120.......................  Restriction of            10/25/18  9/16/20, [insert    .......................
                                  Emissions of Lead                   Federal Register
                                  from Specific                       citation].
                                  Lead Smelter-
                                  Refinery
                                  Installations.
 
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[FR Doc. 2020-19415 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P