Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 9529 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2008–0538; FRL–9632–7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting full approval 

of Missouri’s attainment demonstration 

State Implementation Plan (SIP) and 

control strategy for the lead National 

Ambient Air Quality Standard (NAAQS) 

nonattainment area of Herculaneum, 

Missouri. This action is based on a 

proposed conditional approval of the 

SIP published on October 8, 2008, and 

a proposed approval of the 

supplemental SIP submittal received by 

EPA on September 3, 2009, published in 

the Federal Register on August 27, 

2010. The applicable standard 

addressed in this action is the lead 

NAAQS promulgated by EPA in 1978. 

EPA has determined that both SIP 

submittals from the State of Missouri 

satisfy the applicable requirements of 

the Clean Air Act (CAA or Act) and 

demonstrates attainment of the 1.5 

microgram per cubic meter (mg/m3) lead 

NAAQS in the Herculaneum, Missouri 

area. This action does not address the 

obligations which Missouri has relative 

to the revised lead NAAQS promulgated 

by EPA in 2008. 

DATES: This final rule is effective on 

March 19, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2008–0538. All 

documents in the docket are listed on 

the www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. 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: 

Stephanie Doolan at (913) 551–7719, or 

by email at doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. SIP Call 

B. Proposed Conditional Approval 

C. Supplemental Proposal 

II. EPA Review of the State Submittal 

III. Comments and Responses 

A. Comments Received 

B. EPA Response 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

EPA established NAAQS for lead on 

October 5, 1978 (43 FR 46246). The 

1978 NAAQS for lead is set at a level 

of 1.5 mg/m3 of air, averaged over a 

calendar quarter. The Herculaneum, 

Missouri area is designated 

nonattainment for the 1978 lead 

NAAQS. The area is also designated 

nonattainment for the lead NAAQS 

promulgated by EPA in 2008, published 

on November 12, 2008 (73 FR 66964). 

The action which is the subject of 

today’s notice addresses only the State’s 

obligations regarding the 1978 standard. 

A SIP addressing the 2008 standard is 

due no later than June 30, 2012. 

A. SIP Call 

From 2002 to 2005, ambient air 

monitors in the Herculaneum area 

monitored attainment of the 1978 lead 

NAAQS for 10 consecutive calendar 

quarters. Despite implementation of all 

contingency measures specified by the 

approved 2002 SIP (67 FR 18497), in the 

first two quarters of 2005, air quality 

monitors in the area recorded violations 

of the 1978 lead NAAQS, which is 1.5 

mg/m3 lead. Because of these violations 

of the 1978 lead NAAQS, EPA proposed 

and subsequently finalized a SIP Call on 

April 14, 2006 (71 FR 19432). The SIP 

Call notified the State of EPA’s finding 

that the SIP was substantially 

inadequate to provide for attainment 

and maintenance of the lead NAAQS in 

Herculaneum, and required the State to 

submit a revised SIP within 12 months 

of the finding. 

B. Proposed Conditional Approval 

On May 31, 2007, EPA received 

Missouri’s revised SIP dated April 26, 

2007, for the Herculaneum area. MDNR 

submitted supplemental information to 

EPA on March 19, 2008. The 2007 SIP 

submission addressed most of the 

criteria set forth in the SIP Call, with the 

exception that process ventilation 

requirements had not yet been 

established. On October 8, 2008, EPA 

proposed conditional approval of 

Missouri’s SIP submissions for May 31, 

2007, and March 19, 2008 (73 FR 

58913), pending the establishment of 

enforceable ventilation requirements. 

The reader should refer to the proposed 

conditional approval for a detailed 

discussion of the 2007 SIP submittal, 

and the rationale for proposing to 

approve it with conditions. 

C. Supplemental Proposal 

On September 3, 2009, EPA received 

the SIP revision addressing ventilation 

controls, following adoption by the 

Missouri Air Conservation Commission 

on July 29, 2009. EPA determined that 

the SIP revision contains enforceable 

ventilation conditions to ensure 

adequate building particle capture. On 

August 27, 2010, EPA proposed full 

approval of Missouri’s SIP, including 

the May 31, 2007, SIP submittal; the 

March 19, 2008, supplemental 

information; and the September 3, 2009, 

supplemental SIP revision; to bring 

Herculaneum into attainment of the 

1978 lead NAAQS (75 FR 52701). A 

detailed rationale for the proposed 

approval was included in the August 27, 

2010, supplemental proposal. 

II. EPA Review of the State Submittal 

The October 8, 2008, proposed 

conditional approval contains an 

extensive description of the operation of 

the smelter, and a discussion of 

Missouri’s SIP. The proposed 

conditional approval includes a 

discussion of air dispersion model 

selection, and meteorological and 

emissions inventory input data, among 

other elements. The control strategy and 

contingency measures are incorporated 

into the 2007 Consent Judgment 

between Missouri and Doe Run. For 

more information on these elements, 

and EPA’s analysis of them, please refer 

to the October 8, 2008 Federal Register 

(73 FR 58913) and associated docket. 

The September 3, 2009, SIP revision 

addressing building ventilation 

requirements, supplements the May 

2007 SIP submission. Ventilation 

controls include flow rate and fan 

amperage limits for the Sinter Plant, 

Blast Furnace Building, and Refinery 

Building that result in a minimum 

inflow of air at all openings (e.g., doors) 

to demonstrate that each building is 

under negative pressure. The 2009 

supplemental SIP revision includes the 

revised Work Practices Manual, as well 

as the Consent Judgment amended to 

include the ventilation controls, 

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9530 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 

associated implementation schedules, 

and contingency measures. The 2009 

amended Consent Judgment and Work 

Practices Manual are enforceable 

documents included in Missouri’s SIP 

submittal, and, by virtue of this 

approval, are Federally enforceable as 

well. For additional information on 

these elements, please refer to the 

August 27, 2010, Federal Register (75 

FR 52701) and associated docket. 

MDNR has revised the Work Practices 

Manual to include the additional 

recordkeeping, compliance monitoring, 

and corrective action requirements 

associated with building ventilation. 

The facility is required to measure flow 

rates once per minute using an 

automatic data logging system and to 

conduct an inflow test of all applicable 

doors and openings each calendar 

quarter. Doe Run must submit quarterly 

reports to MDNR summarizing any 

violations of flow rate and amperage 

requirements, and corrective actions 

taken. Finally, if an ambient air quality 

monitor in Herculaneum exceeds 1.4 mg/ 

m3 of lead, the facility must conduct a 

fluid modeling study of flow patterns 

within process buildings to determine 

whether additional ventilation controls 

are appropriate. 

In addition to the ventilation control 

requirements, the Work Practices 

Manual has also been revised to prohibit 

construction when temperatures are 

below 39 degrees Fahrenheit. During the 

first quarter of 2008, the facility 

monitored a violation of the 1978 lead 

NAAQS primarily due to in-plant road 

dust from construction equipment 

activities during periods of time when 

the watering system at the plant was not 

operating. Limiting construction when 

the plant watering system cannot be 

operated for dust suppression is 

expected to decrease the lead 

concentrations in ambient air. 

EPA has determined that the 

September 3, 2009, supplemental SIP 

revision contains the necessary 

enforceable conditions for ventilationrelated control measures. EPA described 

its analysis of these ventilation 

requirements in the supplemental 

proposal, and incorporates its analysis 

in this final action. 

The Main Street monitor operated by 

MDNR is the closest ambient air 

monitor to the Herculaneum facility. 

Since the first quarter of 2008, the Main 

Street monitor has reported 12 

consecutive quarterly averages, or three 

years, of lead concentrations that attain 

the 1978 lead NAAQS (1.5 mg/m3). Lead 

concentrations measured by MDNR at 

the Main Street monitor from the second 

quarter of 2008 to the present range 

from 0.662 mg/m3, reported for October 

through December of 2009, to 1.124 mg/ 

m3, reported for July through September 

2009. 

Modeling conducted by MDNR as a 

part of its 2007 SIP attainment 

demonstration predicts an ambient lead 

concentration of 1.49 mg/m3 at the 

facility fence line. A comparison of the 

SIP attainment demonstration modeling 

with the measured ambient lead 

concentrations over the past three years, 

described above, indicates that the 

model conservatively predicts ambient 

lead concentrations and provides 

further assurance that the control 

strategy provides for attainment of the 

1978 lead NAAQS. 

III. Comments and Responses 

A. Comments Received 

EPA received one set of comments 

from Doe Run on its October 8, 2008, 

proposed conditional approval of 

Missouri’s SIP submission (73 FR 

58913). EPA is responding to this set of 

comments in this final action. EPA did 

not receive any comments on the 

supplemental proposed rule. 

On November 7, 2008, Doe Run 

commented that EPA should grant full 

approval of the 2007 Missouri SIP 

submittal for attainment of the 1978 

lead NAAQS at the Herculaneum 

facility. The basis of this comment was: 

1. Doe Run proceeded to install and 

implement the controls and measures 

specified by the 2007 SIP submission 

even though EPA had not approved the 

SIP; 

2. EPA points to no specific SIP 

deficiency under section 110 of the CAA 

in its proposal to conditionally rather 

than fully approve the SIP submittal; 

3. It is unnecessary for EPA to further 

delay final and full approval to ensure 

the enforceability of the SIP submittal; 

4. The buildings included in the 

ventilation study upon which final 

approval is predicated have been and 

continue to maintain adequate inflow 

and building closures control fugitive 

emissions as intended by the SIP 

submittal; and 

5. The modeling demonstration 

supports full approval. 

B. EPA Response 

In this action, EPA is granting full 

approval to the Missouri SIP submittal 

(consisting, as stated previously, of the 

initial 2007 submittal, the 2008 

supplemental information, and the 2009 

supplemental SIP revision) so that the 

comment requesting full approval of the 

prior submission is no longer relevant. 

However, we note that EPA initially 

proposed conditional approval of the 

SIP submittal based on the requirement 

of section 110(a)(2)(A) of the CAA 

which states that SIPs shall include 

enforceable emission limitations and 

other control measures that may be 

necessary or appropriate to meet the 

applicable requirements of the CAA. 

Until the 2009 supplemental SIP 

revision was received, the ventilation 

controls, which are a necessary part of 

the emission reduction strategy for 

attaining the 1978 lead NAAQS, were 

not permanent and enforceable. With 

this final action, the obligation to 

continue to meet these requirements is 

now mandated by the SIP, as required 

by section 110(a)(2)(A). 

IV. Final Action 

This rulemaking takes final action to 

approve the Missouri SIP containing 

control measures to bring the 

Herculaneum area into attainment with 

the 1978 lead NAAQS (1.5 mg/m3). The 

2007 SIP submittal, 2008 supplemental 

information, and the 2009 supplemental 

SIP revision (which includes the revised 

Work Practices Manual and the 2007 

Missouri Consent Judgment with the 

2009 amendment to include enforceable 

ventilation control requirements) 

together demonstrate attainment of the 

1978 lead NAAQS and fulfill the 

requirements of the CAA. EPA notes 

that although this SIP revision is 

directionally correct in terms of 

achieving reductions in lead emissions, 

the State remains obligated to submit a 

SIP to attain the 2008 lead NAAQS. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that the Administrator determines to be 

in compliance 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 final 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 final action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 

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Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 9531 

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 CAA; 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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 17, 2012. 

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 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: February 6, 2012. 

Karl Brooks, 

Regional Administrator, Region 7. 

40 CFR part 52 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. In § 52.1320: 

■ a. The table in paragraph (d) is 

amended by adding entry (25) in 

numerical order; and 

■ b. The table in paragraph (e) is 

amended by adding entry (56) in 

numerical order to read as follows: 

§ 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 

*******

(25) Doe Run Herculaneum, MO Consent Judgment Modification 

07JE–CC00552.

5/21/07 

7/29/09 

modification 

2/17/12 [insert FR page 

number where the document begins].

This approval does not include any subsequent 

modifications after 2009. 

* * * * * (e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

(56) CAA Section 110(a)(2) 

SIP—1978 Pb NAAQS.

City of Herculaneum, MO ............ 7/29/09 2/17/12 [insert FR page 

number where the document begins].

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9532 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 

[FR Doc. 2012–3699 Filed 2–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2011–0572; FRL–9624–3] 

RIN–2060–AR06 

Air Quality Designations for the 2010 

Primary Nitrogen Dioxide (NO2) 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule establishes air 

quality designations for all areas in the 

United States for the 2010 Primary 

Nitrogen Dioxide (NO2) National 

Ambient Air Quality Standards 

(NAAQS). Based on air quality 

monitoring data, the EPA is issuing this 

rule to designate all areas of the country 

as ‘‘unclassifiable/attainment’’ for the 

2010 NO2 NAAQS. The EPA is 

designating areas as ‘‘unclassifiable/ 

attainment’’ to mean that available 

information does not indicate that the 

air quality in these areas exceeds the 

2010 NO2 NAAQS. 

DATES: The effective date of this rule is 

February 29, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0572. All 

documents in the docket are listed in 

the index at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 the 

docket or in hard copy at the Docket, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m. Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Office 

of Air and Radiation Docket and 

Information Center is (202) 566–1742. 

In addition, the EPA has established 

a Web site for this rulemaking at: 

http://www.epa.gov/air/nitrogenoxides/ 

designations. The Web site includes the 

EPA’s final state and tribal designations, 

as well as state initial recommendation 

letters, the EPA modification letters, 

technical support documents, responses 

to comments and other related technical 

information. 

FOR FURTHER INFORMATION CONTACT: 

Doug Solomon, Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

Code C539–04, Research Triangle Park, 

NC 27711, phone number (919) 541– 

4132 or by email at: 

solomon.douglas@epa.gov; or Rhea 

Jones, Office of Air Quality Planning 

and Standards, U.S. Environmental 

Protection Agency, Mail Code C539–04, 

Research Triangle Park, NC 27711, 

phone number (919) 541–2940 or by 

email at: jones.rhea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regional Office Contacts 

Region I—Alison Simcox (617) 918– 

1684, 

Region II—Kenneth Fradkin (212) 637– 

3702, 

Region III—Maria Pino (215) 814–2181, 

Region IV—Steve Scofield (404) 562– 

9034, 

Region V—John Summerhays (312) 886– 

6067, 

Region VI—Joe Kordzi (214) 665–7186, 

Region VII—Amy Algoe-Eakin (913) 

551–7942, 

Region VIII—Catherine Roberts (303) 

312–6025, 

Region IX—Eleanor Kaplan (415) 972– 

4147, 

Region X—Krishna Viswanathan (206) 

553–2684. 

The public may inspect the rule and 

state-specific technical support 

information at the following locations: 

Regional offices States 

Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661.Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 

and Vermont. 

Raymond Werner, Chief, Air Programs Branch, EPA Region 2, 290 

Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–3706.

New Jersey, New York, Puerto Rico, and Virgin Islands. 

Cristina Fernandez, Branch Chief, Air Quality Planning Branch, EPA 

Region 3, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 

814–2178.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and 

West Virginia. 

R. Scott Davis, Branch Chief, Air Planning Branch, EPA Region 4, Sam 

Nunn Atlanta Federal Center, 61 Forsyth Street SW., 12th Floor, Atlanta, GA 30303, (404) 562–9127.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee. 

John Mooney, Chief, Air Programs Branch, EPA Region 5, 77 West 

Jackson Street, Chicago, IL 60604, (312) 886–6043.

Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 

Guy Donaldson, Chief, Air Planning Section, EPA Region 6, 1445 Ross 

Avenue, Dallas, TX 75202, (214) 665–7242.

Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region 7, 901 North 

5th Street, Kansas City, Kansas 66101–2907, (913) 551–7606.

Iowa, Kansas, Missouri, and Nebraska. 

Monica Morales, Leader, Air Quality Planning Unit, EPA Region 8, 

1595 Wynkoop Street, Denver, CO 80202–1129, (303) 312–6936.

Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. 

Lisa Hanf, Air Planning Office, EPA Region 9, 75 Hawthorne Street, 

San Francisco, CA 94105, (415) 972–3854.

American Samoa, Arizona, California, Guam, Hawaii, Nevada, and 

Northern Mariana Islands. 

Krishna Viswanathan, Manager, State and Tribal Air Programs, EPA 

Region 10, Office of Air, Waste, and Toxics, Mail Code OAQ–107, 

1200 Sixth Avenue, Seattle, WA 98101, (206) 553–2684.

Alaska, Idaho, Oregon, and Washington. 

Table of Contents 

The following is an outline of the 

Preamble. 

I. Preamble Glossary of Terms and Acronyms 

II. What is the purpose of this action? 

III. What is nitrogen dioxide? 

IV. What are the health concerns addressed 

by the NO2 standards? 

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