[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24870-24872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08918]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0913; FRL-9351-02-R7]


Air Plan Approval; Air Plan Approval; State of Missouri; Revised 
Plan for 1978 and 2008 Lead NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State of Missouri's request to remove its State 
Implementation Plan (SIP) for maintaining the 1978 Lead National 
Ambient Air Quality Standards (NAAQS) in portions of Iron County, 
Missouri, surrounding the former Glover smelter, and replace the 
maintenance plan with a plan for continued attainment of the 2008 Lead 
NAAQS regardless of ownership and/or operational status of the Glover 
facility.

DATES: This final rule is effective on May 27, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0913. 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.

[[Page 24871]]


FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7719; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``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. Environmental Justice Concerns
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 taking final action pursuant to section 110(l) of the 
CAA, to amend the Missouri SIP to approve Missouri's SIP revision 
request as submitted to the EPA on October 7, 2020. The EPA's final 
approval is based on its review of the state's submittal which is 
described in detail in the proposal (87 FR 5761, February 2, 2022).
    For the reasons described in detail in the EPA's February 2, 2022 
proposed approval, the EPA finds that Missouri's 2020 plan and 2020 
Consent Agreement, as submitted to the EPA on October 7, 2020, as a 
replacement to the 2004 plan and 2003 Settlement Agreement, does not 
interfere with attainment or maintenance of the NAAQS, and thus 
satisfies CAA section 110(l). If future activities include demolition 
or deconstruction of any of the remaining structures, the 2020 Plan and 
2020 Consent Agreement provide for re-instating air monitors to ensure 
that deconstruction or demolition of the facility, activities that are 
known to re-entrain lead dust, do not lead to violations of the 2008 
Lead NAAQS, and thereby protect human health and the environment. All 
the requirements of the 2020 Consent Agreement are also imposed on Doe 
Run's successors in the event of a future property transaction.
    Upon the effective date of this final rule Doe Run may cease 
operating its ambient air monitors at the Glover facility. For the 
reasons discussed in detail in the EPA's proposal, lead emissions from 
the facility are not expected to increase provided that activities 
remain the same and Doe Run (and any future owner) complies with the 
requirements of the state and federally enforceable 2020 Consent 
Agreement. In the event that activities at the facility do change, the 
2020 Consent Agreement provides a process for resuming monitoring 
should certain lead-emitting activities occur at the facility. This 
requirement to resume monitoring provides an additional measure to 
ensure continued attainment of both the 1978 NAAQS and the 2008 NAAQS.

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

    The State's submission 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 in the February 2, 2022 proposal, the revision 
meets the substantive SIP requirements of the CAA, including section 
110 and implementing regulations.
    The EPA's proposed approval and supporting information contained in 
the docket were made available for public review and comment from 
February 2, 2022 to March 4, 2022. No comments were received.

III. Environmental justice concerns

    This action addresses a plan for continued attainment of the 2008 
Lead NAAQS for the Glover, Missouri area. In its SIP revision request, 
Missouri has demonstrated that the air quality in the Glover area is 
attaining the 2008 Lead NAAQS and will ensure continued attainment of 
the NAAQS as the benchmark for protection of human health. Replacing 
the 2004 maintenance plan and 2003 Settlement Agreement with the 2020 
Plan and 2020 Consent Agreement provides broader provisions for the 
activities, including deconstruction and demolition, that are most 
likely to cause a future NAAQS violation. For these reasons, EPA 
believes final approval does not result in disproportionately high and 
adverse human health or environmental effects on minority populations, 
low-income populations and/or indigenous peoples.

IV. What action is the EPA taking?

    The EPA is approving Missouri's request to strengthen the State 
Implementation Plan (SIP) by removing its maintenance plan and 
associated Consent Agreement for the 1978 Lead NAAQS for the former Doe 
Run Glover lead smelter in Iron County, Missouri, and replacing it with 
a plan for continued attainment of the 2008 Lead NAAQS and a new 
Consent Agreement.

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 Source-Specific Orders 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, and 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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    Also, in this document, as described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Source-Specific Permits and Orders from the Missouri 
State Implementation Plan, which is incorporated by reference in 
accordance with the requirements of 1 CFR part 51.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (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

[[Page 24872]]

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
     This action does not have disproportionately high and 
adverse human health or environmental effects on minority populations, 
low-income populations and/or indigenous peoples, as specified in 
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for 
this determination is contained in section III of this action, 
``Environmental Justice Concerns.''
     In addition, the SIP is not approved to apply on any 
Indian reservation land or in any other area where the 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).
     This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. This action is not a 
``major rule'' as defined by 5
     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 June 27, 2022. 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, and Lead.

    Dated: April 21, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the 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. In Sec.  52.1320:
0
a. In the table in paragraph (d):
0
i. Remove and reserve paragraph (d)(22) and add paragraph (d)(36).
0
b. In the table in paragraph (e):
0
i. Remove and reserve paragraph (e)(49) and add paragraph (e)(83).
    The additions read as follows:


Sec.  52.1230  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
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                                                             State
          Name of source             Order/permit No.   effective date   EPA approval date       Explanation
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                                                  * * * * * * *
(22) Reserved
 
                                                  * * * * * * *
(36) Doe Run Glover Facility.....  Consent Agreement          6/2/2020  4/27/2022, [insert   ...................
                                    APCP-2020-002.                       Federal Register
                                                                         citation].
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    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
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                                                  * * * * * * *
(49) Reserved
 
                                                  * * * * * * *
(83) Glover Lead Plan for          Iron County (part)        10/7/2020  4/27/2022, [insert   [EPA-R07-OAR-2021-0
 Continued Attainment of the 2008   within boundaries                    Federal Register     913; FRL-9351-02-
 Lead NAAQS.                        of Liberty and                       citation].           R7].
                                    Arcadia Townships.
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[FR Doc. 2022-08918 Filed 4-26-22; 8:45 am]
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