63072 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

reference, Intergovernmental relations, 

Volatile organic compounds, Ozone.

Dated: September 24, 2004. 

Norman Niedergang, 

Acting Regional Administrator, Region 5.

■ Part 52, 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 P—Indiana

■ 2. Section 52.770 is amended by 

adding paragraph (c)(166) to read as 

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * *

(166) On February 10, 2004, Indiana 

submitted final adopted revisions to its 

emission reporting rule as a requested 

revision to the Indiana State 

Implementation Plan. On April 12, 

2004, Indiana submitted its final rule as 

published in the Indiana Register. 

(i) Incorporation by reference. Indiana 

Administrative Code Title 326: Air 

Pollution Control Board, Article 2: 

Permit Review Rules, Rule 6: Emission 

Reporting. Adopted by the Air Pollution 

Control Board on December 3, 2003, 

filed with the Secretary of State on 

February 26, 2004 and effective on 

March 27, 2004. Adopted at 27 Indiana 

Register 2210–2215.

[FR Doc. 04–24238 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81

[R07–OAR–2004–MO–0003; FRL–7831–1] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri; Designation of Areas for Air 

Quality Planning Purposes, Iron 

County; Arcadia and Liberty 

Townships

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule and notice of 

administrative change. 

SUMMARY: EPA is announcing the 

redesignation of the lead nonattainment 

area in Iron County, Missouri, to 

attainment of the National Ambient Air 

Quality Standard (NAAQS) for lead. We 

are approving the maintenance plan for 

this area including a settlement 

agreement which was submitted with 

the redesignation request. This final rule 

addresses a comment submitted in 

response to EPA’s direct final rule 

published previously for this action on 

June 30, 2004. The effect of the state 

implementation plan (SIP) approval is 

to ensure Federal enforceability of the 

state air program plan to provide for 

maintenance of the lead NAAQS. The 

effect of the redesignation is to 

recognize that the area has attained the 

lead NAAQS and to focus future air 

quality planning efforts on maintenance 

of the lead NAAQS in the area. EPA is 

also providing notice of an 

administrative change to a table in the 

Code of Federal Regulations which 

identifies the Missouri SIP.

DATES: This final rule will be effective 

November 29, 2004.

ADDRESSES: Copies of documents 

relevant to this action are available for 

public inspection during normal 

business hours at the Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101, or by 

going to the Regional Material in 

EDocket index at http://docket.epa.gov/

rmepub/ and doing a quick search on 

‘‘R07–OAR–2004–MO–0003.’’

FOR FURTHER INFORMATION CONTACT:

Joshua Tapp at (913) 551–7606, or by email at tapp.joshua@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 30, 2004, EPA 

simultaneously published a proposed 

rule (69 FR 39382) and a direct final 

rule (69 FR 39337) to approve the 

redesignation of the nonattainment area 

in Iron County, Missouri, bounded by 

Arcadia and Liberty Townships, to 

attainment for lead and to take final 

action to approve the submission for the 

Doe Run Primary Smelting Facility near 

Glover, Missouri, as an amendment to 

the SIP. 

The basis for our approval of this 

redesignation and maintenance plan is 

described in more detail in the direct 

final rule (69 FR 39337). The Missouri 

Department of Natural Resources 

(MDNR) met the criteria under section 

107(d)(3)(E) of the Clean Air Act 

Amendments (CAAA) for redesignation 

of the nonattainment area in Iron 

County to attainment for the lead 

standard as described in detail in the 

direct final rule.

The area was designated as 

nonattainment for lead in January 1992. 

The nonattainment area includes the 

portion of Iron County, Missouri, 

bounded by Arcadia and Liberty 

Townships. The major source of lead 

emissions in this nonattainment area is 

the Doe Run Primary Smelting Facility, 

near Glover, Missouri. 

Primary smelting of lead began at this 

location in 1968. Currently the facility 

has ceased production and has been 

operating on a care and maintenance 

schedule since December 1, 2003. The 

state submittal provided ambient air 

monitor data showing that this area has 

consistently shown compliance with the 

NAAQS for lead since the first quarter 

of 1997, well before the recent shutdown of the facility. Ambient 

monitoring for lead has shown 

compliance with the NAAQS for 28 

consecutive calendar quarters. The 

NAAQS for lead is 1.5 micrograms per 

cubic meter (1.5 μg/m3), maximum 

quarterly average. A quarterly average is 

considered a violation of the standard if 

it is at least 1.6 μg/m3 when rounded to 

tenths from the hundredths place when 

monitored. 

EPA guidance provides that, for lead, 

attainment should be demonstrated by 

modeling as well as monitoring. Air 

dispersion modeling using the ISCST 

Version 3 dated February 4, 2002, was 

used to evaluate the concentration of 

lead resulting from operations at the 

Doe Run Primary Lead Smelting 

Facility. The maximum concentration 

predicted by the model was a value of 

1.252 μg/m3 which is in compliance 

with the lead standard. This maximum 

modeled value was obtained by 

incorporating the plume depletion, dry 

removal option in the ISCST model. 

The facility is currently in a nonproduction mode, but attainment had 

been shown for several years prior to 

this change in operation in December 

2003. EPA has determined that the 

improvement in air quality is due to 

permanent and enforceable SIP controls. 

EPA has also determined that the area 

has a fully approved SIP for the area 

meeting the requirements of section 110 

and Part D of Title I of the CAA. 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 

and provides for adequate contingency 

measures to address any future 

violations. The basis for these 

determinations is described in detail in 

the direct final rule (69 FR 39337, 

39339). 

EPA received an adverse comment 

during the 30-day comment period and 

therefore withdrew the direct final rule 

on August 24, 2004 (69 FR 51956). 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63073

II. Today’s Action 

In this final rulemaking, EPA is 

responding to the adverse comment, and 

granting final approval to the 

redesignation of the lead nonattainment 

area in Iron County, Missouri, to 

attainment of the NAAQS for lead. We 

are also approving the maintenance plan 

for this area, including a state 

administrative settlement agreement 

which was submitted with the 

redesignation request. 

III. Comment and Response 

EPA received one adverse comment 

on EPA’s June 30, 2004, rule. A 

summary of the adverse comment and 

EPA’s response is provided below. 

Comment: The commenter was 

concerned that air pollution from 

Missouri industrial sources effect the air 

quality in states to the east of Missouri, 

including New Jersey, and EPA should 

focus on protecting public health and 

improving air quality. 

Response: The commenter did not 

take issue with any specific 

determinations made by EPA with 

respect to approval of the redesignation 

request and maintenance plan. The 

commenter submitted no analysis or 

data suggesting that lead emissions in 

the Glover area had any effect on other 

states. With respect to the commenter’s 

concern about transported emissions, 

we note that the air dispersion modeling 

submitted by the Missouri Department 

of Natural Resources for the 

redesignation of the lead nonattainment 

area in the Glover, Missouri, area 

indicated that the NAAQS for lead had 

been attained and would be maintained. 

The Doe Run facility is located within 

the boundaries of the Liberty and 

Arcadia townships in Iron County, 

Missouri. There are no predicted 

violations of the NAAQS for lead in the 

ambient air in the vicinity of the Doe 

Run facility. The predicted lead 

concentrations resulting from the 

operation of the lead smelter decrease 

rapidly as the distance from the lead 

sources increases. The NAAQS for lead 

is 1.5 micrograms per cubic meter 

averaged over a calendar quarter. A 

review of the modeling indicates that 

lead concentrations decrease to 

approximately 0.01 micrograms per 

cubic meter at approximately 10 

kilometers from the facility. The 

modeling predictions are supported by 

the measurements made in the local 

area. Due to the highly localized 

impacts of lead emissions from the 

facility, it is extremely unlikely that any 

significant lead concentrations from the 

smelter would reach any areas outside 

Missouri. 

EPA also notes that this action will 

not result in any increases in emissions 

from the facility. The maintenance plan 

commits to continuing to implement the 

lead emission control measures which 

resulted in attainment of the lead 

standard and to implementing 

contingency measures as necessary to 

address exceedances of the lead 

NAAQS. Any significant new growth 

would be subject to Missouri’s 

construction permitting program. 

Therefore, EPA’s action will not result 

in any additional air quality problems 

with respect to lead, either locally or in 

other states. 

IV. Final Action

Final rule. EPA is granting final 

approval to the redesignation of the lead 

nonattainment area in Iron County, 

Missouri, to attainment of the NAAQS 

for lead. We are approving the 

maintenance plan for this area including 

a settlement agreement which was 

submitted with the redesignation 

request. For the reasons stated in the 

direct final rule referenced previously, 

EPA has determined that the submission 

meets the criteria under section 

107(d)(3)(E) of the CAAA for 

redesignation, and the maintenance 

plan requirements in section 175A of 

the CAAA. 

Administrative change. We are also 

adding numbers to entries previously 

published in table (e) in § 52.1320. On 

May 13, 2004 (69 FR 26506), table (e) 

was amended and the entry for the 

‘‘Vehicle I/M Program’’ for St. Louis is 

designated (47). On August 24, 2004 (69 

FR 51955), table (e) was amended and 

the entry for the ‘‘Revised Maintenance 

Plan of Doe Run Resource Recycling 

Facility near Buick, Mo.,’’ is designated 

(48). 

V. Statutory and Executive Order 

Reviews 

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. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 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 because 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 

(Pub. L. 104–4). 

This rule and redesignation do not 

have tribal implications because it will 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have federalism 

implications because it does 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). This action 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 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

In reviewing SIP submissions, EPA’s 

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), EPA has 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. 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 

63074 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

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 rule 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 28, 2004. 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, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81

Environmental protection, Air 

pollution control, Lead, National parks, 

Wilderness area.

Dated: October 8, 2004. 

James B. Gulliford, 

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 as 

follows:

■ a. In the table to paragraph (d) by 

adding entry (22) in numerical order.

■ b. In the table to paragraph (e) 

designating the entry for ‘‘Vehicle I/M 

Program’’ as (47) and designating the 

entry for ‘‘Revised Maintenance Plan of 

Doe Run Resource Recycling Facility 

near Buick, MO.,’’ as (48) and by adding 

entry (49) in numerical order.

§ 52.1320 Identification of plan.

* * * * *

(d) * * *

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit number State effective 

date 

EPA approval 

date Explanation 

*******

(22) Doe Run Lead Smelter, Glover, MO.Settlement Agreement ................... 10/31/03 10/29/04 

(e) * * *

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date 

EPA approval 

date Explanation 

*******

(49) Lead Maintenance Plan.Iron County (part) 

within boundaries 

of Liberty and Arcadia Townships.

1/26/04 10/29/04 

PART 81—[AMENDED]

■ 3. The authority citation for part 81 

continues to read as follows:

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

■ 4. In § 81.326 the table entitled 

‘‘Missouri-Lead’’ is amended by revising 

the entry for ‘‘Iron County (part) Within 

boundaries of Liberty and Arcadia 

Townships’’ to read as follows:

§ 81.326 Missouri.

* * * * *

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63075

MISSOURI-LEAD

Designated area 

Designation Classification 

Date Type Date Type 

*******

Iron County (part) Within boundaries of Liberty and Arcadia Townships.October 29, 2004 ....... Attainment. 

*******

* * * * *

[FR Doc. 04–24134 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62

[R03–OAR–2004–VA–0002a; FRL–7831–5] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, 

Commonwealth of Virginia; Control of 

Municipal Waste Combustor 

Emissions From Large Existing 

Municipal Solid Waste Combustor 

Units

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve the Commonwealth of 

Virginia Department of Environmental 

Quality (DEQ) municipal waste 

combustor plan (the plan) for 

implementing emission guideline (EG) 

requirements promulgated under the 

Clean Air Act (the Act). The plan 

establishes emission limits, monitoring, 

operating, and recordkeeping 

requirements for existing large MWC 

with a unit capacity of more than 250 

tons per day (TPD) of municipal solid 

waste (MSW). An existing MWC unit is 

defined as one for which construction 

commenced on or before September 20, 

1994.

DATES: This rule is effective December 

28, 2004 without further notice, unless 

EPA receives adverse written comment 

by November 29, 2004. 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: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–VA–0002 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web Site: http://

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: http://

wilkie.walter@epa.gov.

D. Mail: R03–OAR–2004–VA–0002,

Walter Wilkie, Chief, Air Quality 

Analysis, Mailcode 3AP22, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2004–VA–0002. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.docket.epa.gov/rmepub/, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov Web 

sites are an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through RME or regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://www.docket.epa.gov/

rmepub/. 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 in RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

James B. Topsale, P.E., at (215) 814–

2190, or by e-mail at 

topsale.jim@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 19, 1995, pursuant to 

sections 111 and 129 of the Clean Air 

Act (Act), EPA promulgated new source 

performance standards (NSPS) 

applicable to new MWC units and 

emission guidelines (EG) applicable to 

existing MWC units. The NSPS and EG 

are codified at 40 CFR part 60, subparts 

Eb and Cb, respectively. See 60 FR 

65387. Subparts Cb and Eb regulate the 

following: particulate matter, opacity, 

sulfur dioxide, hydrogen chloride, 

oxides of nitrogen, carbon monoxide, 

lead, cadmium, mercury, and dioxins 

and dibenzofurans.