Approval and Promulgation of Implementation Plans; State of Missouri; Designation of Areas for Air Quality Planning Purposes, Dent Township

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[Federal Register: October 18, 2000 (Volume 65, Number 202)]
[Rules and Regulations]
[Page 62295-62299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc00-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MO 114-1114a; FRL-6885-6]

Approval and Promulgation of Implementation Plans; State of
Missouri; Designation of Areas for Air Quality Planning Purposes, Dent
Township

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is announcing the redesignation of the lead nonattainment
area in western Iron County, Missouri, to attainment of the National
Ambient Air Quality Standards (NAAQS). We are approving the maintenance
plan for this area including a consent order which was submitted with
the redesignation request, and we are also approving the revision to
Missouri's Restriction of Emissions of Lead From Specific Lead Smelter-
Refinery Installations rule which ensures the permanent and enforceable
emission reductions by clarifying the emissions limits for the Doe Run
Resource Recycling Facility, and removes the text which could have
allowed this facility to resume operation as a primary smelter.

DATES: This rule is effective on December 18, 2000 without further
notice, unless EPA receives adverse written comment by November 17,
2000. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Written comments must be submitted to Kim Johnson, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
Copies of documents relative to this action are available for
public inspection during normal business hours at the above listed
Region 7 location. 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: Kim Johnson at (913) 551-7975.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we, us,
or our'' is used, we mean EPA. This section provides additional
information by addressing the following questions:

What Is a State Implementation Plan (SIP)?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What requirements must be followed for redesignations to
attainment?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and
redesignation to attainment been met?
What action is EPA taking?

What Is a State Implementation Plan (SIP)?

Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
EPA for approval and incorporation into the Federally enforceable SIP.
Each Federally approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

In order for state regulations to be incorporated into the
Federally enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at Title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.

What does Federal approval of a state regulation mean to me?

Enforcement of the state regulation before and after it is
incorporated into the Federally approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.

What requirements must be followed for redesignation to attainment?

Under section 307(d) of the CAA, we are required to promulgate
designations of areas identifying their status with respect to
attainment of the ambient standards described previously. We are
required to determine whether each area is attaining the standard, not
attaining the standard, or cannot be designated based on available
information. Once an area is designated as nonattainment for a
standard, it cannot be redesignated to attainment until the
requirements of section 107(d)(3)(E) of the CAA are met. These
requirements are discussed below, and include a revision to the SIP

[[Page 62296]]

to show how the state, in which the area is located, plans to maintain
the standards in the future in the area to be redesignated to
attainment.

What is being addressed in this document?

We are redesignating the nonattainment area in western Iron County,
Missouri, to attainment for lead and taking final action to approve the
submission for the Doe Run Resource Recycling Facility near Bixby,
Missouri, as an amendment to the SIP.
We are also taking final action to approve the revision to rule 10
CSR 10-6.120, Restriction of Emissions of Lead From Specific Lead
Smelter-Refinery Installations, as an amendment to the SIP.
The basis for our approval of the rule is described in this notice,
and in more detail in the technical support document (TSD) prepared for
this action. The TSD is available at the address identified above.
The purpose of the submittal is to meet the criteria under section
107(d)(3) of the Clean Air Act Amendments (CAAA) for redesignation of
the nonattainment area in western Iron County to attainment for the
lead standard.
The area was designated as nonattainment for lead in November 1991,
effective January 6, 1992. The boundaries of the nonattainment area
follow the Dent Township in western Iron County, Missouri. The major
source of lead emissions in this nonattainment area is the Doe Run
Resource Recycling Facility, near Bixby, Missouri.
Primary smelting of lead began at this location in 1968, but the
current facility ceased operation as a primary smelter in 1988 and has
been operating as a secondary smelter and resource recovery operation
since 1991.
Section 107(d)(3) of the CAAA establishes the five requirements to
be met before we can designate an area from nonattainment area to
attainment. These are:
A. The area has attained the NAAQS;
B. The area has a fully approved SIP under section 110(k) of the
act;
C. We have determined that the improvement in air quality is due to
permanent and enforceable emissions reductions;
D. We have determined that the maintenance plan for the area has
met the requirements of section 175A of the Act and;
E. The state has met all requirements applicable to the area under
section 110 and part D.

Attainment of the NAAQS

The state submittal provided ambient air monitor data showing that
this area has consistently shown compliance with the NAAQS for lead
since the second quarter of 1988. The NAAQS for lead is 1.5 micrograms
per cubic meter (1.5 g/m\3\, maximum quarterly average. A
quarterly average is considered a violation of the standard if it is at
least 1.6 g/m\3\ when rounded to the tenths from the
hundredths place when monitored.
Air dispersion modeling using the ISCST Version 3 dated June 24,
1999, was used to evaluate the concentration of lead resulting from
operations at the Doe Run Resource Recycling Facility. The maximum
concentration predicted by the model was a value of 0.73 g/
m\3\ which is in compliance with the lead standard.

Fully Approved SIP

Missouri submitted part D nonattainment SIPs for the Doe Run
Resource Recycling Facility and its predecessor in 1980 and in 1993 and
1994. The SIPs established emission, operational and work practice
standards. These requirements included enforceable throughput and
emission point limits, identified emission control projects that the
facility would have to complete prior to processing lead concentration
and producing primary lead, and established contingency measures to
reduce fugitive emissions for the secondary process. The 1980 part D
nonattainment SIP was approved on April 27, 1981, (46 FR 23412) and the
1993/1994 submission was fully approved under section 110(k) of the
CAA, as a revision to the Missouri SIP on August 4, 1995 (60 FR 39851).
A detailed discussion of the latter SIP revision can be found in the
August 4, 1995, Federal Register notice.

Permanent and Enforceable Emissions Reductions

The permanent and enforceable emission reductions at the Doe Run
Resource Recycling Facility include implementation of the part D
nonattainment SIP, permanent closure of the primary lead smelting
operation, controls on the secondary lead smelting operation, and the
installation of reasonably available control technology and reasonably
available control measures.
The revision to rule 10 CSR 10-6.120, Restriction of Emissions of
Lead From Specific Lead Smelter-Refinery Installations, ensures the
permanent and enforceable emission reductions by clarifying the
emissions limits for the facility and removing the text which could
have allowed this facility to resume operation as a primary smelter.
Because no violations of the lead standard have occurred since the
facility ceased operation as a primary smelter in 1988, we believe that
this clarification will make enforceable the operating scenario which
has led to air quality improvements and attainment of the standard.

Fully Approved Maintenance Plan

The maintenance plan submitted as part of the SIP revision provides
for maintenance of the relevant NAAQS in the area for at least ten
years after the approval of redesignation to attainment.
The maintenance plan for the Doe Run Resources Recycling Facility
addresses the monitoring network, the emission inventory, the
maintenance demonstration, and verification of continued attainment, as
described in more detail in the TSD. The plan also includes contingency
measures, which require additional paving and roadway sweeping, and
improvements to baghouse controls, to be implemented if monitored
violations occur in the future. The contingency measures are specified
in the consent order which was approved by MDNR and Doe Run.
Eight years after the redesignation, the state has committed to
submit a revised maintenance plan demonstrating attainment for ten
years following the initial ten-year period.

Part D and Section 110

The state has met these requirements by submitting and implementing
the nonattainment plan to bring the area back into attainment and
subsequently by submitting an appropriate maintenance plan to keep the
area in attainment, as described previously in this notice and in the
TSD.

Rule Revision

The revision to rule 10 CSR 10-6.120, Restriction of Emissions of
Lead From Specific Lead Smelter-Refinery Installations, is an important
part of the redesignation process for this nonattainment area. The
changes to the rule include revising the emissions limits for the Doe
Run Resource Recycling Facility and removing all text which could have
allowed this facility to resume operation as a primary smelter. Another
significant change modifies the title of the rule, consistent with the
changes in the body of the rule, so that the rule applies to
``specific'' lead smelters (including secondary smelters) rather than
addressing only ``primary'' lead smelters.

[[Page 62297]]

Have the requirements for approval of a SIP revision and
redesignation to attainment been met?

The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the TSD which is
part of this document, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations. The state submittal also meets the criteria for
redesignation to attainment in section 107(d)(3) of the CAA, as
explained above and in the TSD.

What action is EPA taking?

We are taking final action to approve the submission for the Doe
Run Resource Recycling Facility near Bixby, Missouri, as an amendment
to the SIP and redesignate the nonattainment area in western Iron
County, Missouri, to attainment for lead.
We are also taking final action to approve the revision to rule 10
CSR 10-6.120, Restriction of Emissions of Lead From Specific Lead
Smelter-Refinery Installations, as an amendment to the SIP.
We are processing this action as a final action because the
revisions make routine changes to the existing rules which are
noncontroversial, and because the area has been attaining the lead
standard since 1988 based on monitored data. Therefore, we do not
anticipate any adverse comments.

Administrative Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule
approves preexisting requirements under state law. In addition, the
redesignation is an action which affects the status of a geographic
area but does not impose any new requirements on governmental entities
or sources. Therefore, it does not impose any additional enforceable
duty beyond that required by state law, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4). For the same reason, this rule also does not significantly or
uniquely affect the communities of tribal governments, as specified by
Executive Order 13084 (63 FR 27655, May 10, 1998). This rule will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
In reviewing SIP submissions, our role is to approve state choices,
provided that they meet the criteria of the CAA. In this context, in
the absence of a prior existing requirement for the state to use
voluntary consensus standards (VCS), we have no authority to disapprove
a SIP submission for failure to use VCS. It would thus be inconsistent
with applicable law for EPA, when it reviews a SIP submission, to use
VCS in place of a SIP submission that otherwise satisfies the
provisions of the CAA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the Executive Order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
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. We will submit a report containing this rule and other
required information to the United States Senate, the United States
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 18, 2000. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

Environmental protection, Air pollution control, Lead.

Authority: 42 U.S.C. 7401 et seq.

Dated: September 27, 2000.
Dennis Grams,
Regional Administrator, Region 7.

Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

2. Section 52.1320 is amended by:
a. In the table to paragraph (c), Chapter 6, revise the entry for
10-6.120.
The revision reads as follows:

Sec. 52.1320 Identification of plan.

* * * * *

[[Page 62298]]

EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State effective EPA approval
Missouri citation Title date date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources

* * * * * *
*
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri

* * * * * *
*
10-6.120...................... Restriction of October 30, 1998. [insert FR cite]
Emissions of Lead October 18, 2000.
from Specific Lead
Smelter-Refinery
Installations.

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

b. In the table to paragraph (d), by adding entry ``Doe Run
Resource Recycling Facility near Buick, Missouri'', immediately before
the center heading ``St. Louis City Incinerator Permits''.
The addition reads as follows:

Sec. 52.1320 Identification of plan.

* * * * *
(d) * * *

EPA-Approved Source Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
Order/permit State effective
Name of source number date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
Doe Run Resource Recycling Consent Order..... May 11, 2000...... October 18, 2000..
Facility near Buick, MO.

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

c. In the table to paragraph (e), by adding entry for Doe Run
Resource Recycling Facility at the end of the table.
The addition reads as follows:

Sec. 52.1320 Identification of plan.

* * * * *
(e) * * *

EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submitted EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
Doe Run Resource Recycling Dent Township in May 17, 2000...... October 18, 2000..
Facility near Buick, MO. Iron County.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

2. The table in Sec. 81.326 entitled ``Missouri Lead'' is amended
to revise the first entry for Iron County to read as follows:

Sec. 81.326 Missouri.

* * * * *

----------------------------------------------------------------------------------------------------------------
Missouri--Lead
-----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Iron County (part) Within boundaries October 18, 2000....... Attainment.............
of Dent Township.
----------------------------------------------------------------------------------------------------------------

[[Page 62299]]

[FR Doc. 00-26501 Filed 10-17-00; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Implementation Plans; State of Missouri; Designation of Areas for Air Quality Planning Purposes, Dent Township

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