# Section 110 Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard

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## A Missouri State Implementation Plan Revision

Adoption December 8, 2011

Division of Environmental Quality Air Pollution Control Program P.O. Box 176 1659 East Elm Street Jefferson City, Missouri 65101 Telephone (573) 751-4817

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## Table of Contents

TABLE OF CONTENTS .................................

................................................... ................................................... ..... I

LIST OF ACRONYMS AND ABBREVIATIONS ................

................................................... ...............................II

1. EXECUTIVE SUMMARY .................................

................................................... ............................................ 1

1.1 I NTRODUCTION & P URPOSE

.................................................. ................................................... ................. 1 A. 2008 Revised Lead NAAQS ...........................

................................................... .......................................... 1 B. State Area Designations ...........................

................................................... ............................................... 1 1.2 P LAN S UMMARY

.................................................. ................................................... .................................... 2

2. INFRASTRUCTURE REQUIREMENTS .......................

................................................... ............................. 3

2.1 P LAN S UBMITTAL AND T IMING R EQUIREMENTS : S ECTION 110( A )(1)............................................... ...... 3 2.2 I NFRASTRUCTURE E LEMENTS : S ECTION 110( A )(2) .............................................. .................................... 3 A. Enforceable Emission Limits & Control Measures: Sec . 110(a)(2)(A) .................................... ................. 3 B. Ambient Air Quality Monitoring: Section 110(a)(2)(B ) ................................................. ............................ 5 C. Enforcement & Construction Permit Programs: Sec. 11 0(a)(2)(C) ........................................ .................. 6 **i. Enforcement Program ...............................** 

**................................................... ...................................................**  **........ 6 ii.**  **Prevention of Significant Deterioration Program ...**

**................................................... ............................................. 7**  D. Interstate Transport: Section 110(a)(2)(D).........

................................................... .................................... 8 E. Adequate Resources: Section 110(a)(2)(E) ..........

................................................... ................................. 10 **i. Personnel .........................................** 

**................................................... ...................................................**  **............... 10 ii.**  **Funding ...........................................**

**................................................... ...................................................**  **............... 11 iii.**  **Authority .........................................**

**................................................... ...................................................**  **............... 11 iv.**  **Conflicts of Interest .............................**

**................................................... ...................................................**  **........... 11** F. Stationary Source Monitoring System: Section 110(a) (2)(F) ............................................ ...................... 13 G. Emergency Authority: Section 110(a)(2)(G) .........

................................................... ................................ 13 H. Future SIP Revision Authority: Section 110(a)(2 )(H) .............................................. .............................. 14 I. Nonattainment Area Plans: Section 110(a)(2)(I) ....

................................................... .............................. 15 J. Consultation Process, Public Notification et al.: S ection 110(a)(2)(J) ............................... .................... 15 **i. Interagency Consultation .........................** 

**................................................... ...................................................**  **...... 15 ii.**  **Public Notification ..............................**

**................................................... ...................................................**  **.......... 15 iii.**  **Part C Requirements: Prevention of Significant Det erioration and Visibility .........................**  **............................ 16** K. Air Quality Modeling: Section 110(a)(2)(K) ........

................................................... ................................. 16 L. Permitting Fees: Section 110(a)(2)(L) .............

................................................... ..................................... 17 M. Consultation / Participation of Local Entities: Sec tion 110(a)(2)(M) ................................. .................... 17

3. CONCLUSION.........................................

................................................... ................................................... .. 19

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## List of Acronyms and Abbreviations

**BACT Best Available Control Technology BART Best Available Retrofit Technology**  **CAA Clean Air Act CFR Code of Federal Regulations**  **CSR Code of State Regulations (Missouri) DNR Department of Natural Resources (“the Depart**  **ment”) EPA U.S. Environmental Protection Agency**  **GHG Greenhouse Gases MACC Missouri Air Conservation Commission**  **MOEIS Missouri Emissions Inventory System NAAQS National Ambient Air Quality Standard**  **NSR New Source Review PSD Prevention of Significant Deterioration**  **RSMo Revised Statutes of the State of Missouri SIP State Implementation Plan**  **FY fiscal year μg/m**  **3** 

### micrograms per cubic meter

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## 1. EXECUTIVE SUMMARY

1.1 Introduction & Purpose **The purpose of this document is to fulfill the requ irements of Section 110 of the Clean Air Act**  **(CAA). Section 110 of the CAA requires that each s tate submit to the U.S. Environmental**  **Protection Agency (EPA) a state implementation plan (SIP) revision for the implementation,**  **maintenance, and enforcement of each new or revised national ambient air quality standard**  **(NAAQS). The intent of the CAA in requiring this plan submittal pursuant to Section 110(a)(1),**  **is to obligate the state to demonstrate that it has the ability, authority, and resources to**  **implement the infrastructure elements listed in Sec tion 110(a)(2) for each criteria pollutant. For**  **this reason, these Section 110 plan submittals are commonly referred to as ‘infrastructure SIPs’.**  **This document is the State of Missouri’s infrastruc ture plan for the newly revised 2008 Lead**  **NAAQS.**



### A. 2008 Revised Lead NAAQS **On October 15, 2008, the EPA promulgated a revised NAAQS for the criteria pollutant Lead**  **(Pb). The revision strengthened the primary and se condary standards tenfold, decreasing the**  **standards for airborne lead from 1.5 micrograms per cubic meter (μg/m**  **3** 

### ) to 0.15 μg/m **3**



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### B. State Area Designations **The Clean Air Act requires Missouri to recommend le ad area designations based on air quality**  **monitoring data. Because of the lowered standard, some areas of the state were required to**  **establish monitoring networks that previously were not required to do so. As a result, the EPA is**  **making the area designation determinations in two r ounds: an initial round based on the**  **previous monitoring network and a second round a ye ar later using data from the newly deployed**  **monitors.**

**On December 28, 2009, Missouri submitted its first round recommendations to the EPA. The**  **recommendations included keeping the Herculaneum no nattainment area in Jefferson County as**  **the Herculaneum city limits and adding a nonattainm ent area around the Buick smelter and mine**  **in Dent, Iron, and Reynolds Counties. Additionally , the State recommended certain county**  **portions around each of these two nonattainment are as as unclassifiable until monitoring data**  **was available from the new samplers that were in pl ace by January 1, 2010. The**  **recommendation also included unclassifiable areas i n the Old Lead Belt (St. Francois County)**  **and the Tri-State area (Jasper and Newton Counties) . The EPA concurred with our**  **recommendations in its first round final determinat ions published on November 16, 2010.** 

**In a letter to the Governor dated June 14, 2011, EP A outlined its preliminary decision for the**  **second round of designations. EPA proposed to keep the nonattainment area designations**  **unchanged from the first round. No monitoring data from any of the four newly-monitored areas**  **(portions of five counties) indicated a violation o f the NAAQS. The EPA gave the State until**  **August 15, 2011, to respond with any comments prior to finalizing this second round no later**  **than October 14, 2011. On July 13, 2011, Missouri responded in agreement with these**  **recommendations.**

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**More information on Missouri’s Lead area boundary d esignation recommendations may be**  **found at: http://dnr.mo.gov/env/apcp/naaqsboundarydesignation**  **s.htm**


### 1.2 Plan Summary

**Section 110(a)(1) of the CAA requires that a state to submit an infrastructure plan such as this**  **within three years of the promulgation of the revis ed criteria pollutant standard. The Missouri**  **Department of Natural Resources (hereafter, ‘the De partment’) is currently and separately**  **developing attainment plans for Missouri’s two Lead nonattainment areas under the 2008 Lead**  **NAAQS as required by Section 110(a)(2)(I) of the CA A. However, Title I Part D of the CAA**  **governs the timing and other necessary specific ele ments of these nonattainment area plans.**  **Therefore, the Lead attainment plans will follow th e timing schedule allowed per Section 172 of**  **the CAA, not the timing requirement of Section 110( a)(1) and are not part of this document.** 

**This document is administrative in nature and demon strates Missouri’s ability and authority to**  **implement each of the infrastructure elements pursu ant to Section 110 of the CAA outlined**  **below for the 2008 revised Lead standard via the re ferencing of specific corresponding**  **applicable state statutes, regulations, programs or resources.** 

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## 2. INFRASTRUCTURE REQUIREMENTS **This section of the plan provides an explanation of how the State of Missouri fulfills each**  **applicable Section 110(a)(1) and (2) infrastructure element requirement of the CAA.** 


### 2.1 Plan Submittal and Timing Requirements: Section 110(a)(1) **Section 110(a)(1) of the CAA requires that states s ubmit to EPA plans to implement, maintain**  **and enforce each of the NAAQS promulgated by EPA wi thin three years after promulgation of a**  **new or revised standard.**

**This document is the State of Missouri’s plan to im plement, maintain and enforce the revised**  **2008 Lead NAAQS.**


### 2.2 Infrastructure Elements: Section 110(a)(2) **Section 110(a)(2) of the CAA states that each SIP s ubmittal shall be adopted by the state after a**  **reasonable notice and public hearing.**

**In accordance with this provision, prior to submitt al to the EPA, this plan is undergoing a public**  **hearing before the Missouri Air Conservation Commis sion on October 27, 2011. The plan was**  **posted for public review and comment at least 30 da ys prior at**  **http://www.dnr.mo.gov/env/apcp/stateplanrevisions.h tm**  **Detailed below are the other infrastructure elements:** 



### A. Enforceable Emission Limits & Control Measures: Sec. 110(a)(2)(A) **Section 110(a)(2)(A) of the CAA requires SIPs to in clude enforceable emission limits and other**  **control measures, means or techniques, schedules fo r compliance and other related matters as**  **needed to implement, maintain and enforce each NAAQ S.** 

**The State of Missouri’s Statutes and regulations, v ia the Air Conservation Law and Air Pollution**  **Control Rules, authorize the Department to regulate air quality and implement air quality control**  **regulations. Chapter 643 of the Revised Statutes of the State of Missouri (RSMo) is dedicated to**  **Air Conservation Law. These statutes authorize the establishment of necessary regulations to**  **execute these laws. Timetables for compliance are also found in these rules as appropriate.**  **These Air Conservation Commission rules are codifie d in Title 10, Division 10 of the Missouri**  **Code of State Regulations (CSR).**

**The Missouri Air Conservation Law is available for viewing at:**  **http://www.moga.mo.gov/statutes/chapters/chap643.ht m** 
**The Missouri air pollution control rules are availa ble for viewing at:**  **http://www.sos.mo.gov/adrules/csr/current/10csr/10c sr.asp#10-10** 

**Section 643.030 RSMo authorizes the ‘‘Air Conservat ion Commission of the State of Missouri’’,**  **also known as the Missouri Air Conservation Commiss ion (MACC), to control air pollution,** 

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**which is defined in Section 643.020 RSMo to include air contaminants, which cause or**  **contribute to injury to public health or welfare.**

**Section 643.050 RSMo authorizes the MACC to classif y and identify air contaminants.**  **Furthermore, Section 643.050 of the Air Conservatio n Law authorizes the MACC to regulate the**  **use of air contaminant sources and to establish emi ssions limitations for air contaminant sources.**  **In the Air Conservation Commission rules, Subsectio n (2)(A) of 10 CSR 10-1.010**  General Organization **reiterates the MACC’s responsibility to establish air quality control regions as well**  **as adopt, promulgate, amend and rescind rules. Sec tion (4) of 10 CSR 10-1.010 tasks**  **Department staff with carrying out the policies of the MACC:** 

The director of the DNR, the staff director of the Air Pollution Control Program and the program staff enforce the rules and implement the p olicy of the Air Conservation Commission.

**Below are some other references to state rules used to implement and enforce the NAAQS:** 

• **10 CSR 10-6.020** Definitions and Common Reference Tables **is used to define terms, such as ‘NAAQS’ and ‘criteria pollutants or standar**  **ds,’ necessary to classify pollutants and implement and enforce standards.** 

• **Section (12) of 10 CSR 10-6.030,** Sampling Methods for Air Pollution Sources **establishes the appropriate sampling method for Lea d from air pollution sources to be the**  **EPA’s Test Method 12. Similarly, Subsections (4)(G ) and (O) of 10 CSR 10-6.040**  Reference Methods **refer to the appropriate respective federal referen ce method for**  **determining the concentration of Lead in the ambien t air.** 

• **10 CSR 10–6.050** Start-Up, Shutdown, and Malfunction Conditions **provides that sources may submit information relating to excess emissions**  **during startup, shutdown or malfunction events, but expressly provides that not** **hing in this rule limits the ability of the Department or the MACC to take appropriate enfo**  **rcement action.**

• **Specifically to create control measures for Lead, S tate rule 10 CSR 10-6.120**  Restriction of Emissions of Lead From Specific Smelter-RefineryInstallations **provides specific Lead emission limitations for both Doe Run’s Herculaneum** **primary smelter and the Resource Recycling Division (Buick secondary smelter).** 

**Infrastructure plans are not intended to identify n onattainment emission controls. Emissions**  **limitations and other control measures to attain th e 2008 Lead NAAQS in areas designated**  **nonattainment are being developed separately and ar e due on a different schedule from the**  **Section 110 infrastructure elements and will be rev iewed and acted upon through a separate**  **process. Nonetheless, Missouri has demonstrated i ts ability to establish and enforce emissions**  **limitations and control measures within nonattainme nt area plans under the previous or 1978**  **Lead standard:**

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• **A 2007 Consent Judgment and its 2009 amendment for the Doe Run Company’s**  **Herculaneum primary lead smelter sets forth time sc hedules for completion of control**  **strategies to reduce lead emissions. This Consent Judgment is at the core of the 2007**  **Lead SIP Revision for the Herculaneum area. Since the control strategies of this SIP**  **revision were implemented in the spring of 2008, th e Herculaneum area has been in**  **continual compliance with the 1978 Lead NAAQS. The 2007 Consent Judgment may be**  **viewed at: http://dnr.mo.gov/env/apcp/docs/consentjdgmnt.pdf** 

• **The construction permits (numbered 012005-008 and 0 62011-044) for Doe Run’s Buick**  **secondary (recycling) smelter include enforceable e mission limitations for several**  **pollutants, including Lead.**

• **For decades, Missouri has been at the forefront of the nation’s Lead mining, processing,**  **recycling and distribution industries. Consequentl y, the Department has had a prominent**  **history of Lead plan development and implementation . More information on Missouri’s**  **Lead SIPs may be found at: http://dnr.mo.gov/env/apcp/sips.htm#lead** 


### B. Ambient Air Quality Monitoring: Section 110(a)(2 )(B) **Section 110(a)(2)(B) of the CAA requires SIPs to in clude provisions to provide for establishment**  **and operation of ambient air quality monitors, coll ection and analysis of ambient air quality data,**  **and making these data available to EPA upon request**

**. The State of Missouri operates and maintains an ext**  **ensive air quality monitoring network for various pollutants with over 100 instruments at mor**  **e than 50 locations. There are 16 air quality monitoring sites statewide tasked with collecting d**  **ata on Lead in the ambient air.**

**Within the state Air Conservation Law, Section 643. 050 RSMo provides the general authority**  **necessary for Missouri to fulfill the requirements of Section 110(a)(2)(B) of the CAA. This is**  **itemized further within the Code of State Regulatio ns: For the purposes of air quality monitoring**  **data collection and submittal, Subsection (2)(A) of 10 CSR 10-1.010**  General Organization **restates the MACC’s statutory authority to develop facts and require the submission of relevant**  **information. Additionally, Subsection (2)(D) of th is rule outlines the roles, duties and**  **obligations of the Air Pollution Control Program. Responsibilities relevant to air quality**  **monitoring outlined in this rule include –**

• **Obtain air quality data, update EPA AIRS (Air Infor mation Retrieval System, now**  **referred to as Air Quality System) database and dis seminate data.** 

• **Coordinate with the laboratory services program for the establishment and maintenance**  **of air monitoring sites.**

• **Provide modeling and air quality data for other sec tions in the program.** 

• **Conduct and coordinate Ambient Air Monitoring netwo rk Reviews.** 

• **Maintain the air monitoring SIP**

• **Coordinate air quality data input from local air po llution control agencies and the**  **laboratory services program.**

• **Prepare the air quality annual report.**

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**Thus, as authorized, the Air Pollution Control Prog ram maintains an Air Quality Monitoring unit**  **which was created to fulfill the requirements of Se ction 110(a)(2)(B) for the 2008 Lead NAAQS.**  **Furthermore, Missouri’s current Lead air quality mo nitoring network meets or exceeds the**  **minimum requirements of the 2008 standard.**

**EPA regulations requires states to prepare and sub mit an annual monitoring network plan**  **containing a periodic network assessment review, I n accordance with this rule, found at 40 CFR**  **58 Part B, Missouri’s 2011 proposed air quality mon itoring network plan is available at:**  **http://dnr.mo.gov/env/apcp/monitoring/monitoringnet workplan.pdf**  **Also, visit EPA Region 7’s Air Quality Monitoring Network plan site for more i**  **nformation or to review Missouri’s previous approved network plans:**  **http://www.epa.gov/region07/air/quality/quality.htm #mo_air** 

**For more information on Air Quality Monitoring from the Department’s Environmental Service**  **Program, please visit: http://dnr.mo.gov/env/esp/aqm/esp-aqa.htm** 

**A map of the statewide Lead monitoring network alon g with the state’s current Lead Air Quality**  **data and analysis may be found at: http://dnr.mo.gov/env/apcp/docs/leadmonitordata.pdf** 



### C. Enforcement & Construction Permit Programs: Sec. 110(a)(2)(C) **Section 110(a)(2)(C) of the CAA requires states to include a program for i.) enforcement of all**  **SIP measures and ii.) the regulation of constructio n of new or modified stationary sources to**  **meet Prevention of Significant Deterioration (PSD) and nonattainment New Source Review**  **(NSR) requirements.**

**i. Enforcement Program**  **The Department’s Air Pollution Control Program staf fs and implements a vigorous**  **Compliance/Enforcement Section. Additionally, the Department’s Division of Environmental**  **Quality has considerable staff resources at its 5 r egional and numerous satellite offices to**  **coordinate complaints and inspections. Furthermore , the State has delegated authority to 4 local**  **air pollution control agencies.**

**The Missouri statutes provide authority for the Dep artment to enforce the requirements of the Air**  **Conservation Law, and any regulations, permits, or final compliance orders issued under the**  **provisions of that law. For example, Section 643.0 80 RSMo authorizes the Department to issue**  **compliance orders for violations of the law, rules promulgated thereunder (which includes rules**  **comprising the Missouri SIP), and conditions of per mits (which includes permits under SIP**  **approved permitting programs).**

**Section 643.085 RSMo authorizes the Department to a ssess administrative penalties for**  **violations of the statute, regulations, permit cond itions, or administrative orders. Section 643.151**  **RSMo authorizes the MACC to initiate civil actions for these violations, and to seek penalties**  **and injunctive relief to prevent any further violat ion. Section 643.191 RSMo provides for**  **criminal penalties for knowing violations of the st atute, regulations or permit conditions, in**  **addition to other acts described in that section.**

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**In the State regulations governing the MACC, 10 CSR 10-1.010**  General Organization
**, reinforces this authority. Subsection (2)(A) of th**  **is rule authorizes the MACC to make investigations, make orders and determinations, and**  **refer alleged violations to the county prosecutor or attorney general. Similarly Subsecti**  **on (2)(B) empowers the director to investigate complaints, issue abatement orders, recommend legal**  **action be taken by the attorney general and enforce provisions of the Air Conservation Law. La**  **stly, 10 CSR 10-1.010(2)(D)2. establishes the Air Pollution Control Program’s enforcement sec**  **tion with subparagraphs A. through J. clearly delineating its duties in fulfillment of Se**  **ction 110(a)(2)(C) of the CAA.**

**ii. Prevention of Significant Deterioration Program**  **To prevent significant deterioration of air quality , by statute, the construction of subject air**  **pollution sources without the appropriate permit is unlawful. To this end, Section 643.075**  **RSMo authorizes the Department to operate a constru ction permit program and establishes the**  **corresponding functions of that program including f ee collecting provisions.** 

**These duties are furthered outlined by Paragraph (2 )(D)5. of 10 CSR 10-1.010**  General Provisions **which establishes the Air Pollution Control Program ’s Permit Section.** 

**Missouri has adopted all necessary provisions to en sure the protection of the Lead standard using**  **the Prevention of Significant Deterioration Program (PSD) under State rule 10 CSR 10-6.060**  Construction Permits Required **. Missouri has a long-standing and fully implement ed New**  **Source Review (NSR) permitting program for new majo r sources and significant modifications**  **of existing sources. This NSR or Construction Perm it program in any attainment area is referred**  **to as a PSD permitting program and is governed by S ection (8) of 10 CSR 10-6.060. One of the**  **major components of the PSD program is the implemen tation of Best Available Control**  **Technology (BACT) on new major sources or significa nt modification of existing major sources.**  **Missouri has been delegated full authority to imple ment the PSD program by the EPA for all**  **NSR regulated pollutants including Lead and Greenho use Gases (GHG).** 

**Missouri also has a minor permit program to review smaller sources (See 10 CSR 10-6.060(6))**  **to ensure, among other things, that such new and mo dified sources will not interfere with the**  **Lead NAAQS attainment. Sources with the potential to emit above the**  de minimis **level are required to do an ambient air impact analysis to sh**  **ow that they are not adversely impacting the NAAQS. The**  de minimis **level for Lead is 0.6 tons per year. (See the defi nition of**  de minimis **in the definitions rule at 10 CSR10-6.020(2)(D)5. and**  **Table 1 of 6.020(3)(A)). In accordance with Section (5) of 10 CSR 10-6.060, the Department may**  **also require impact analyses for sources lower than these levels that may be likely to adver**  **sely affect air quality.**

**Missouri’s NSR permitting program also addresses ma jor sources and modifications in**  **nonattainment areas pursuant to Section (7) of 10 C SR 10-6.060. However, this element need**  **not be addressed in this infrastructure plan. Nona ttainment area plan elements are to be**  **submitted in their own separate plans and will be a ddressed appropriately there. Paragraph 2.2.I.**  **of this document below further discusses the nonatt ainment area element.** 

**Therefore, Missouri has satisfied the requirements of Section 110(a)(2)(C) for the 2008 Lead**  **NAAQS through its approved NSR program enabled by s tate rule 10 CSR 10-6.060.** 

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### D. Interstate Transport: Section 110(a)(2)(D) **Section 110(a)(2)(D)(i) of the CAA requires SIPs to include provisions prohibiting any source or**  **other type of emissions activity in one state from contributing significantly to nonattainment in,**  **or interfering with maintenance by, another state w ith respect to the NAAQS, or from interfering**  **with measures required in another state to prevent significant deterioration of air quality or to**  **protect visibility. Similarly, Section 110(a)(2)(D) (ii) of the CAA requires that the SIP insure**  **compliance with the applicable requirements of Sect ions 126 and 115, relating to interstate and**  **international pollution abatement.**

**Section 643.050.3(7) RSMo authorizes the MACC to be Missouri’s representative in all matters**  **pertaining to interstate air pollution.**

**Lead is not a typical criteria pollutant. Unlike m ost criteria pollutants, Lead air pollution is no**  **longer regional in nature. Lead pollution tends to be highly localized and does not transport long**  **distances. Since the outlawing of leaded gasoline i n the 1980’s, Lead air pollution is now**  **characterized mainly by single, discrete stationary sources of Lead primarily pertaining to the**  **lead production, processing and recycling industrie s. Lead is a very dense element and Lead, as**  **an air pollutant, is generally in the form of parti culate matter. Consequently, Lead has a very**  **high concentration dispersion gradient and, due to this, settles out of the air over a relatively**  **short distance. These physical properties prevent Lead emissions fr**  **om experiencing the same travel or formation phenomena as PM**  **2.5 or ozone. In other words, there is a sharp decreas**  **e in Lead concentrations, at least in the coarse fraction, as**  **the distance from a Lead source increases.** 

### Even **from rather large sources of Lead, at about 2 miles from the source, the impact to ambient air**  **quality can be very minimal. For example, at one t ime, the Herculaneum Lead nonattainment**  **area was defined as a one-mile radius circle center ed on the source’s main stack. Now, the**  **nonattainment boundaries are the city limits of Her culaneum. The boundaries were initially**  **changed merely to make them more clearly legally de fined.** 

**Missouri, being in the center of the country, is no t near enough to any international borders to**  **have any impact to any other country from Lead air pollution, thus the element of Section**  **110(a)(2)(D) of the CAA regarding international tra nsport under the 2008 Lead NAAQS does**  **not apply. Similarly, and for the reasons mentioned above, Missouri would only have an impact**  **to another state’s Lead NAAQS attainment or mainten ance if one of these discrete stationary**  **sources were very near a state border. The Doe Run primary smelter facility in Herculaneum is**  **on the banks of the Mississippi River and the State of Illinois is just across the river. The**  **Herculaneum facility is the only Lead source in Mis souri near enough to a state border to even**  **have the potential for an impact on another state’s ambient air.** 

**On November 16, 2010 EPA finalized its first round of Lead nonattainment area designations.**  **On June 15, 2011, EPA proposed its second round of designations. This second round of**  **designations is intended to be finalized in October 2011. In neither of these rounds did EPA**  **designate or propose any area in the State of Illin ois in the proximity of Herculaneum, Missouri,**  **to be nonattainment for Lead under the 2008 NAAQS. For more information on EPA’s Lead**  **designations see: http://www.epa.gov/leaddesignations/** 

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**Nevertheless, Missouri has taken specific actions t o prevent Lead air emissions from affecting**  **our neighbor to the East:**

• **As mentioned above in paragraph 2.2.A. of this docu ment on Control Measures, Missouri**  **developed and implemented a 2007 SIP Revision along with a 2009 Building Ventilation**  **/ Lead particle capture, control and containment pl an supplement, with new control**  **strategies to demonstrate attainment of the 1978 Le ad NAAQS in the Herculaneum area.**  **For the 2007 SIP Revision see: http://dnr.mo.gov/env/apcp/docs/2007revision.pdf**  **For the 2009 Supplement visit:**  **http://dnr.mo.gov/env/apcp/docs/2009drh-leadsip.pdf**

• **Primary Smelter Shutdown: In light of the 2008 Lead standard, the State of Missouri**  **entered into a Consent Decree with the Doe Run Comp any and the EPA in October 2010.**  **As part of the terms of this Consent Decree, Doe Ru n has agreed to cease smelting**  **operations at its Herculaneum facility. The sinter plant will shut down by December 31,**  **2013 while the blast furnace operations will cease by April 30, 2014. Doe Run has**  **subsequently announced that it plans to implement a new alternative lead ore processing**  **technology on their Herculaneum site. This “new lea d metal technology” is an extremely**  **low lead-emitting hydrometallurgical, not a smeltin g or pyrometallurgical, process.** 

• **The Department has received a construction permit a pplication from the Doe Run**  **Company for this new low Lead emitting facility. T he application is being reviewed to**  **the fullest extent of the permitting regulations. The application review is near completion**  **and the permit is scheduled to be issued in the aut umn of 2011.** 

• **Missouri, in coordination with the Doe Run Company, is currently developing a SIP**  **Revision to demonstrate attainment of the 2008 Lead NAAQS based on this new**  **technology.**

**To address the Prevention of Significant Deteriorat ion element of interstate transport, Missouri**  **reiterates that it has a fully implemented NSR/PSD program for new major sources and major**  **modifications in both the attainment and nonattainm ent areas of the State for the 2008 Lead**  **NAAQS (see part 2.2.C.ii. of this document). Furth ermore, consistent with Section 126 of the**  **CAA, Missouri regulations require that affected sta tes receive notice prior to the commencement**  **of any construction or modification of a source. S ection (6) of 10 CSR 10–6.060**  Construction Permits Required

**provides that the review of all PSD permit applica tions follow the procedures**  **of 10 CSR 10–6.060(12)(A), Appendix A. Paragraph 1 0 CSR 10-6.060(12)(A)11. requires that**  **the permitting authority notify affected states onc e a draft permit goes out for public comment.** 

**Lead as an air pollutant is not considered to be a cause of concern for visibility issues and**  **therefore the visibility impact element of Section 110(a)(2)(D) of the CAA is not applicable to**  **the Lead NAAQS. Because of Lead’s high density and very fast settling rate, significant**  **visibility impacts from Lead emissions are limited to short distances. Missouri has no significant**  **Lead sources in the relative vicinity of any Class I areas. In addition, Lead is not directly**  **regulated under the visibility program of the CAA ( Sections 169(A) and (B)). Moreover,**  **although Lead can be a component of coarse and fine particles, Lead comprises a small fraction**  **of coarse and fine particles. When evaluating the e xtent that Lead could impact visibility, Lead-** 

### 10

**related visibility impacts were found to be insigni ficant (e.g., less than 0.10%). [**  Ambient Pb’s Contribution to Class 1 Area Visibility Impairment **, 6/17/2011, Mark Schmidt, EPA-OAQPS.]**

**In August 2009, Missouri submitted a regional haze SIP to the EPA which addresses BART**  **(Best Available Retrofit Technology) pursuant to Ti tle I Part C of the CAA. As part of this**  **regional haze SIP, the Department’s Air Pollution C ontrol Program (Air Program) conducted a**  **BART screening evaluation which concluded the Doe R un Herculaneum facility does not impair**  **visibility in Class 1 areas.**



### E. Adequate Resources: Section 110(a)(2)(E) **Section 110(a)(2)(E) of the CAA requires that SIPs provide for the following: (1) necessary**  **assurances that the state (and other entities withi n the state responsible for implementing the SIP)**  **have adequate personnel, funding, and authority und er state or local law to implement the SIP,**  **and that there are no legal impediments to such imp lementation; (2) requirements that the state**  **comply with the requirements relating to state boar ds, pursuant to section 128 of the Act; and (3)**  **necessary assurances that the state has responsibil ity for implementation of any plan provision**  **for which it relies on local governments or other e ntities to carry out that portion of the plan.** 

**i. Personnel The Department’s Air Program has adequate personnel**  **to carry out the required state implementation plans. As discussed above in Parag**  **raph 2.2.A. of this document, Missouri Air Conservation Law empowers the Missouri Air Conserva**  **tion to control air pollution and promulgate appropriate regulations. Missouri state**  **regulations assign the Department and the Air Program the task of carrying out the MACC’s pol**  **icy. 10 CSR 10-1.010 outlines the organization and administrative aspects of the Prog**  **ram. The Air Program personnel who develop and implement SIPs consist primarily of environment**  **al specialists and environmental engineers. To support SIP development and implementation, 10 C**  **SR 10-1.010(2)(D)3. provides that the appropriate Air Program personnel shall –** 

• **Collect the emission inventory and maintains the em ission database.** 

• **Coordinates with the laboratory services program fo r the establishment and maintenance**  **of air monitoring sites.**

• **Provide modeling, air quality analysis and maintain the air monitoring SIP.** 

**Additionally, 10 CSR 10-1.010(2)(D)4. establishes t he Air Program’s Planning Section to,**  **among other things, –**

• **Develop and propose rules, amendments and rescissio ns to be adopted by the MACC.** 

• **Meet all public participation requirements of state and federal laws involving rulemaking**  **and SIP revisions**

• **Provide SIP coordination and maintenance and prepar e SIP revisions.** 

**The program’s Air Quality Monitoring personnel are described in paragraph 2.2.B. of this**  **document. Additional support for monitoring and ai r quality assurance data comes from the**  **Department’s Environmental Services Program.**

### 11

**As addressed above in part 2.2.C.i. of this documen t, 10 CSR 10-1.010(2)(D)2. describes the**  **Enforcement Section’s duties. Some of these duties include –** 

• **Performing or overseeing source compliance testing.**

• **Determining and tracking compliance of air pollutio n sources.** 

• **Resolving violations through out-of-court settlemen ts with the assistance of the attorney**  **general’s office.**

**The Permit Section was introduced in part 2.2.C.ii. of this document. According to 10 CSR 10-**  **1.010(2)(D)5., some of the section’s other responsi bilities include –** 

• **Receiving, evaluating, and making recommendations t o the director to approve, approve**  **with conditions, or deny applications for construct ion permits.** 

• **Processing operating permit applications, amendment s, and modifications in a timely**  **manner according to the rules and requirements**

• **Maintaining the Missouri Clean Air Act Title V Prog ram to ensure continued**  **authorization of the program in Missouri.**

**ii. Funding The Air Program receives funding from several mecha** **nisms that support the implementation of the SIP. Section 643.079 RSMo requires the Missour**  **i Air Conservation Commission to set an annual air pollution emission fee to fund the reaso**  **nable cost of administering this law. This law provides for the deposit of the fees into appropria** **te subaccounts for implementing the corresponding various programs. For example, there**  **is a subaccount for the Title V operating**  **permit program used for Title V activities and a su baccount for non-Title V activities. There are**  **no significant changes to these funding streams ant icipated for the foreseeable future.** 

**Also, there is the basic federal support grant is m ade under authority of Section 105 of the CAA.**  **Funds provided under this authority (with require s tate matching funds), do not fully support all**  **the activities necessary to maintain primacy for th e delegated programs. Other grants (e.g.**  **Section 103 of the CAA) and other state sources (e. g. matching funds from General Revenue and**  **Air Fees) are used to support the core functions. As a result, grant workplans contain only those**  **activities that are paid for with the federal fundi ng and corresponding state matching funds.** 

**iii. Authority**  **Chapter 643 RSMo provides the authority necessary t o carry out the state implementation plan**  **requirements. Missouri has asserted that it has th e authority to implement the SIP for the 2008**  **Lead standard in paragraph 2.2.A. of this document. See that section for more details. Moreover,**  **the State has delegated authority to four local air pollution control agencies.** 

**iv. Conflicts of Interest**  **Section 110(a)(2)(E) of the CAA also provides that the state must meet the requirements of**  **Section 128 of the CAA, relating to representation on state boards and conflicts of interest by**  **members of such boards.**

### 12

**This particular provision is not related to promulg ation or revision of any NAAQS, and**  **therefore, Missouri need not show specifically that it meets this requirement with respect to the**  **infrastructure SIP for the 2008 Lead standard. Howe ver, the following discussion shows how**  **Missouri generally meets the requirements of Sectio n 128 of the CAA.** 

**Section 128 requires that a SIP implementing body w hich approves permits or enforcement**  **orders under the CAA must have at least a majority of members who represent the public**  **interest.**

**Section 643.040 RSMo of the Missouri Air Conservati on Law creates the Air Conservation**  **Commission and states that –**

All members shall be representative of the general public and shall have an interest in and knowledge of air conservation and the effects a nd controls of air contaminants. **and** The commission shall establish rules of procedure w hich specify when members shall exempt themselves from participating in and voting on issues before the commission due to potential conflict of interest.

**Consequently, the Missouri Air Conservation Commiss ion Operation Policies**  **manual (**  **www.dnr.mo.gov/env/apcp/MACC_Policy.pdf ) states that–** 

Commissioners will avoid both actual and perceived conflicts of interest in their quasi-judicial role and will avoid ex parte contact with other parties, including department staff, to pending disputes.

If a commissioner publicly takes or expresses a pos ition on a specific issue, party or permit that later comes before the commission on an appeal, the commissioner will recuse himself on the record from any discussi on, deliberation, or decision making on the issue.

**The Operations Policies manual also states that “Co mmissioners shall comply with all applicable**  **statutory requirements regarding conflict of intere st, including RSMo Chapter 105.”**  **Specifically, Section 105.452 RSMo outlines prohibi ted acts by elected and appointed public**  **officials and employees. Section 105.454 RSMo prov ides additional prohibited acts (and**  **exceptions) by elected or appointed public official s and employees. Chapter 105 RSMo is**  **applied to the Missouri Air Conservation Commission , as well as the director of the Missouri**  **Department of Natural Resources. Here is the link to Chapter 105 RSMo:**  **http://www.moga.mo.gov/STATUTES/C105.HTM**

**The department’s Administrative Policies and Proced ures manual states that no department**  **employee should–** “engage in any personal, business, or professional activity or receive or retain any direct or indirect financial interest that places t hem in a position of conflict between their private interests and the public interests of the d epartment related to the duties and responsibilities of their jobs.”

### 13



### F. Stationary Source Monitoring System: Section 110 (a)(2)(F) **Section 110(a)(2)(F) of the CAA requires states to establish a system to monitor emissions from**  **stationary sources and to submit periodic emission reports. It also requires that the state correlate**  **the source reports with emission limitations or sta ndards established under the Act and make**  **reports available for public inspection.**

**The requirements of this element are fulfilled thro ugh Missouri’s Air Conservation Law and by**  **various requirements within Title 10, Division 10 o f the state regulations. For example, Section**  **643.050.1(3)(a) RSMo authorizes the State–**

To require persons engaged in operations which res ult in air pollution to monitor or test emissions and to file reports containing informatio n relating to rate, period of emission and composition of effluent.

**Also, Section 643.192.2 RSMo requires an annual rep ort that summarizes changes in air quality.** 

**As discussed in paragraph 2.2.A. of this document, Missouri rule 10 CSR 10-6.030 incorporates**  **various EPA reference methods for testing source em issions, including emissions of Lead. Using**  **these particular reference methods for Lead emissio ns, 10 CSR 10-6.120**  Restriction of Emissions of Lead From Specific Lead Smelter-Refine ry Installations **has stack testing and reporting requirements for certain stationary sourc**  **es of Lead emissions in Missouri.**

**10 CSR 10-6.110** Reporting Emission Data, Emission Fees, and Process Information **requires permitted sources to determine and file an annual r**  **eport on air pollutant emissions. In turn, the Air Program submits the emissions data to the EPA’s**  **publicly-available National Emissions Inventory database and uses the data for tracking p**  **rogress towards maintaining the NAAQS, developing control and maintenance strategies, iden**  **tifying sources and general emission levels, and determining compliance with emission regulation**  **s as well as other EPA requirements. The Air Program also makes data, including Lead emissio**  **ns data, available to the public upon request.** 

**Lastly, to satisfy the public reporting requirement s of this element, 10 CSR 10-6.210**  Confidential Information **specifically excludes emissions data from confiden tial treatment.**  **Under that rule emissions data includes information regarding monitoring results required to be**  **reported by sources under Missouri’s air pollution control rules.** 


### G. Emergency Authority: Section 110(a)(2)(G) **Section 110(a)(2)(G) of the CAA requires states to provide for authority to address activities**  **causing imminent and substantial endangerment to pu blic health or welfare or the environment**  **including contingency plans to implement the emerge ncy provisions in their SIPs.** 

**The State’s ability and authority to enact emergenc y provisions consistent with element**  **110(a)(2)(G) is once again found in both Missouri a ir statutes and the CSR. At the core of the**  **statutory authority is Section 643.090 RSMo which a uthorizes the MACC or the director to** 

### 14

**declare an emergency where the ambient air, due to meteorological conditions and a buildup of**  **air contaminants, may present an “emergency risk” t o public health, safety, or welfare. The**  **MACC or director may, with the written approval of the governor, by order prohibit, restrict or**  **condition all sources of air contaminants contribut ing to the emergency condition, during such**  **periods of time necessary to alleviate or lessen th e effects of the emergency condition. The**  **statute also enables the MACC to promulgate impleme nting regulations. Even in the absence of**  **an emergency condition, Section 643.090 allows the director to issue “cease and desist” orders to**  **specific persons engaging in activities which invol ve a discharge of air contaminants, or a risk of**  **air contamination, that presents a danger to public health or welfare.** 

**In fulfillment of this element and by using this st atutory authority, the MACC has adopted**  **appropriate corresponding emergency regulations, to include some of the following:** 

• **10 CSR 10-1.010** General Organization **enlists the MACC to develop, and the director to enact, air pollution emergency alert procedures.** 

• **For many pollutants other than Lead, including ozon e, Missouri’s federally SIP**  **approved rule 10 CSR 10-6.130** Controlling Emissions During Episodes of High Air Pollution Potential

**establishes action levels and contingency measures for ozone and**  **other pollutants. This rule specifies the conditio ns that establish an air pollution alert,**  **watch or emergency and the associated procedures an d emissions reduction objectives for**  **dealing with each. The rule establishes action lev els for one-hour and eight-hour average**  **concentrations. The action levels and associated c ontingency measures vary depending**  **on the level of ozone concentrations in a particula r area.**  

### H. Future SIP Revision Authority: Section 110(a)(2 )(H) **Section 110(a)(2)(H) of the CAA requires states to have the authority to revise their SIPs in**  **response to changes in the NAAQS, availability of i mproved methods for attaining the NAAQS,**  **or in response to an EPA finding that the SIP is su bstantially inadequate to attain the NAAQS.** 

**In addition to its general enabling authority, as d iscussed in paragraph 2.2.A. of this document,**  **Section 643.050 RSMo, also authorizes the MACC to–**

Prepare a general comprehensive plan for the preven tion, abatement and control of air pollution

**Section 643.055 RSMo further authorizes the MACC to promulgate rules, and establish**  **standards and guidelines, to ensure that the state complies with the provisions of the federal**  **CAA. Moreover, this provision specifically address es the necessity of a state implementation**  **plan developed to bring a nonattainment area into c ompliance and to maintain compliance when**  **needed to have an EPA approved plan.**

**This is codified in the state regulations by 10 CSR 10-1.010**  General Organization **which enables the MACC to promulgate and revise rules as**  **necessary. Paragraph (2)(B)9. of this rule restates the director’s responsibility to submit re**  **visions of the SIP to the EPA for approval.**

### 15

**Lastly, as mentioned previously in part 2.2.E.i. of this document, the Air Program’s Planning**  **Section was created specifically to develop and coo rdinate SIP revisions in satisfaction of**  **Section 110(a)(2)(H) of the CAA.**


### I. Nonattainment Area Plans: Section 110(a)(2)(I) **Section 110(a)(2)(I) of the CAA requires that in th e case of a plan or plan revision for areas**  **designated as nonattainment areas, states must meet applicable requirements of Part D of the Act,**  **relating to SIP requirements for designated nonatta inment areas.** 

**This document is a statewide Lead infrastructure pl an and is not intended by Missouri to meet its**  **obligations for its two Lead nonattainment areas. Pursuant to Part D of the CAA, nonattainment**  **SIPs are due on a different schedule than infrastru cture SIPs (See EPA’s guidance in regards to**  **infrastructure SIPs in the promulgation of the revi sed Lead standard, 73 FR 67034, note 13, Nov.**  **12, 2008). Therefore, this plan does not address S ection 110(a)(2)(I) as this element is not**  **applicable here. SIP submittals containing control measures developed specifically for attaining**  **the relevant standard are due at the time the nonat tainment area planning elements are due (18**  **months following designation). Missouri is current ly developing two Lead nonattainment area**  **plans separately.**


### J. Consultation Process, Public Notification et al. : Section 110(a)(2)(J) **Section 110(a)(2)(J) of the CAA requires SIPs to me et the applicable requirements of the**  **following CAA provisions: (1) section 121, relating to interagency consultation regarding certain**  **CAA requirements; (2) section 127, relating to publ ic notification of NAAQS exceedances and**  **related issues; and (3) Part C of the Act, relating to prevention of significant deterioration of air**  **quality and visibility protection. For the reasons stated below, Missouri has addressed the**  **applicable requirements of Section 110(a)(2)(J) for the 2008 Lead NAAQS:** 

**i. Interagency Consultation For the purpose of implementing air pollution contr**  **ol responsibilities, Section 643.050.3(6) RSMo requires the MACC, to–** 

Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states and the federal government , and with interested persons or
groups.
**Missouri also has appropriate interagency consultat ion regulations in NSR permit program. For**  **instance, Subsection (12)(B) of 10 CSR 10-6.060 req uires that when a permit goes out for public**  **comment, the permitting authority must provide noti ce to local air pollution control agencies, the**  **chief executive of the city and county where the in stallation or modification would be located,**  **any comprehensive regional land use planning agency , any state air program permitting**  **authority, and any Federal Land Manager whose lands may be affected by emissions from the**  **installation or modification.**

**ii. Public Notification Section 127 of the CAA requires public notification** **during periods of NAAQS exceedances. As discussed in paragraph 2.2.G. of this document in r**  **egards to emergency authority, there are state**

### 16

**rules requiring the development and implementation of air pollution emergency alert procedures**  **including provisions for public notification of ele vated levels of various air pollutants, and**  **measures which can be taken by the public to reduce concentrations.** 

**As previously stated, Section 643.050.3(6) RSMo req uires the MACC to coordinate and consult**  **with all interested parties or groups.**

**In fulfillment of this sub-element, and as already addressed in greater detail in paragraph 2.2.B.**  **(Ambient Air Quality Monitoring) of this document, the Department has processes in place to**  **report all air quality monitoring data, not just ex ceedances. In addition, specifically for Lead air**  **quality data, the public is notified via the Depart ment’s website where exceedances are**  **highlighted: http://dnr.mo.gov/env/apcp/docs/leadmonitordata.pdf** 

**iii. Part C Requirements: Prevention of Significa nt Deterioration and Visibility**  **In part 2.2.C.ii. of this document, the Department has previously noted how the Missouri SIP**  **meets the PSD requirements by establishing a state rule which incorporates much of the federal**  **code by reference.**

**With respect to the visibility component of section 110(a)(2)(J), the visibility element has**  **already been addressed in paragraph 2.2.D. of this document pertaining to interstate transport,**  **which demonstrates how Lead contributes insignifica ntly to visibility issues. Moreover, since**  **Missouri must meet Title I Part C of the CAA requir ements separately and independently from**  **this plan and since the visibility requirements (in contrast to the PSD element) of Title I Part C**  **are not directly related to the promulgation of, or revision to, a NAAQS, the visibility**  **element is considered to be outside the scope of infrastructur**  **e SIP actions required pursuant to Section 110(a) o f**  **the CAA.**

**In other words, because of the specific independent SIP requirements contained in** 

### Sections 169A **and 169B of the CAA (Title I Part C), the visibilit y protection requirements are not “applicable**  **requirements” within the meaning of Section 110(a)( 2)(J) and Missouri’s infrastructure SIP is**  **not required to be revised with respect to visibili ty protection merely due to promulgation of a**  **revised Lead NAAQS.**

**Lastly, as stated previously, Missouri has submitte d separately to the EPA in August 2009 a**  **regional haze SIP which addresses BART pursuant to Title I Part C of the CAA. The BART**  **screening evaluation contained therein concluded th at the Doe Run Herculaneum facility does**  **not impair visibility in Class 1 areas.**


### K. Air Quality Modeling: Section 110(a)(2)(K) **Section 110(a)(2)(K) of the CAA requires SIPs to pr ovide for the performance of air quality**  **modeling as the Administrator may prescribe for the purpose of predicting the ambient air**  **quality impacts for any NAAQS and to provide for th e submission of modeling related data to**  **EPA upon request.**

### 17

**The infrastructure to perform of air quality modeli ng is found in the state law: Section 643.050**  **RSMo provides the authority to secure necessary sci entific and technical services as well as to**  **conduct studies, investigations and research.**

**As stated throughout this document, 10 CSR 10-1.010** General Organization **details the various duties of Air Program staff. Subparagraph 10 CSR 1**  **0-1.010(2)(D)3.G. establishes air quality modeling and air quality analysis functions for the**  **Air Program. The Department employs air quality modeling staff in both the Planning and Per**  **mits Sections of the Air Program. Routine modeling staff duties include performing air qualit**  **y modeling and related activities, such as collecting, quality assuring, analyzing model input**  **data specific to impacted facilities – including but not limited to emissions data, meteorology, top**  **ography, geographic coordinates data, etc., and coordinating such efforts with the EPA.** 

**Thus, as authorized, the Air Program utilizes air q uality modeling staff, including several staff in**  **the Planning Section’s SIP Unit, to fulfill the req uirements of Section 110(a)(2)(K) for the 2008**  **Lead NAAQS.**


### L. Permitting Fees: Section 110(a)(2)(L) **Section 110(a)(2)(L) of the CAA requires SIPs to re quire the owner or operator of each major**  **stationary source to pay the permitting authority a fee(s) per the Administrator’s approval of a**  **fee program under Title V.**

**The Department’s fee-collecting authority is found at Section 643.079 RSMo. In addition, the**  **Air Program has a fully EPA-approved Title V operat ing permit program as authorized by**  **Section 643.078 RSMo. The approved fee program for major stationary sources in Missouri**  **includes permit application fees as codified in 10 CSR 10-6.065**  Operating Permits
**, and annual**  **Emissions Inventory Questionnaire fees pursuant to 10 CSR 10-6.110**  Reporting Emission Data, Emission Fees, and Process Information **. In addition to the fees directly related to implementation and enforcement of Missouri’s Title**  **V program, additional construction permit fees are assessed and collected per state rule10 CS**  **R 10-6.060** Construction Permits Required **which is discussed in greater detail in part 2.2.C. ii. of this document.** 

**Appropriate subaccounts for the Title V program are discussed in part 2.2.E.iii. of this document.**  **Therefore, Missouri has satisfied the requirements of Section 110(a)(2)(L) for the 2008 Lead**  **NAAQS through its approved Title V program and coll ection of fees authorized by the**  **applicable state statutes and regulations.**


### M. Consultation / Participation of Local Entities: Section 110(a)(2)(M) **Section 110(a)(2)(M) of the CAA requires SIPs to pr ovide for consultation and participation by**  **local political subdivisions affected by the plan.**

**As noted in the part of this document (2.2.J.i.) re garding interagency consultation, Section**  **643.050 RSMo requires the MACC to consult and coord inate with political subdivisions. Also**  **pursuant to this statute, some of the other relevan t powers and duties of the MACC include–** 

• **holding public hearings as required by Sections 643 .010 to 643.190 RSMo** 

### 18 • **working with any board, department or other agency of any political subdivision**  **or state or the federal government to secure necess ary scientific, technical,**  **administrative and operation services; providing as sistance to political**  **subdivisions.**

**Furthermore, Subparagraph (2)(D)4.B. of state rule 10 CSR 10-1.010 directs the Air Program’s**  **Planning Section to–** Meet[s] all public participation requirements of state and federal laws involving rulemaking and SIP revisions.

**In addition to public hearings required by Missouri statutes and rules for certain activities**  **including rulemakings, permits and variances, the M ACC regularly conducts public hearings for**  **all SIP elements submitted to EPA and routinely con ducts public outreach meetings and**  **coordination efforts with political subdivisions, i ndustries and interested persons and groups.** 

**As an example of coordination activities with local entities, the program consults with and**  **participates in Air Quality Forum meetings with maj or source industry, Small Business**  **Compliance Advisory Committee meetings, and in meet ings with Metropolitan Planning**  **Organizations throughout the state.**

**In summary, Missouri has satisfied the requirements of Section 110(a)(2)(M) for the 2008 Lead**  **NAAQS through the public hearing, outreach and coor dination efforts outlined in state statutes**  **and regulations as executed by the Missouri Air Con servation Commission and the Department.** 

### 19



## 3. CONCLUSION **The state of Missouri acknowledges its responsibili ties related to Section 110(a) of the CAA.**  **Through this plan, the State of Missouri hereby cer tifies that it has the authority and resources to**  **implement, maintain and enforce the 2008 revised NA AQS for Lead. Furthermore, this plan**  **demonstrates that the State has addressed and fulfi lled all the applicable requirements of Sections**  **110(a)(1) and (2) of the CAA in regard to this revi sed standard.** 

## --------------------------- Pursuant to 643.055 RSMo, the Missouri Air Conservation Commission has determined that this action is needed to have a U.S. Environmental Protection Agency approved State Implementation Plan.

The Revision to Section 110 Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard is hereby adopted by the Missouri Air Conservation Commission this 8th day of December, 2011.

# ~~~uL~_'Chairman**fWM@~ ,**  Vice Chairman

# ------:;.j~~~**~J~f2.:::::c.-** =============, Member

# -J.....I:::----'t1.£;~~I1-+-**-=-c ---",-"cf),---=,~~=--**  __ , Member

# _4f:~~~_'Member**-ltk**

, Member

____________________________ ,MemberState Plan Actions on Public Notice

- DNR Page 1 of3

Jay Nixon, Governor Sara Parker Pauley, Director



## Air Pollution Control Program

State Plan Actions

On Public Notice 

### I Proposed for Adoption

On Public Notice

The following proposed state plan actions are on public notice and comments are being accepted through the closing dates listed below.

Revised 2008 8-Hour Ozone Standard Boundary Recommendation

• Revised 2008 8-hour Ozone Standard Boundary Recommendation

On Sept. 22, 2011, the U.S. Environmental Protection Agency released a memorandum to clarify for states the status of the 2008 Ozone National Ambient Air Quality Standard. In this document, EPA explicitly stated that the current standard is 0.075 parts per million, or 75 parts per billion. EPA also announced their intentions to move forward with designations under the 2008 National Ambient A'ir Quality Standard, starting with the recommendations made by states in 2009, and then updating them with the most current, certified air quality data from the 2008

- 2010 monitoring period.

Based on the 2008-2010 monitoring period, Missouri is submitting a revised area boundary recommendation as an amendment to the original boundary recommendation and technical support document submitted to EPA in March 2009. This revision will recommend the following:

• Nonattainment

- St. Louis City and St. Charles, St. Louis, Franklin and Jefferson Counties.

• Attainment Lincoln, Ste. Genevieve, Perry, Greene, Cass, Clay and Clinton Counties.

• Attainment/unclassifiable

- all other counties in the state of Missouri.

This draft amendment will be on public notice beginning on Sept. 27, 2011 and ending at the close of business on Nov. 3, 2011. An opportunity to present oral comments is available during the Oct. 27, 2011 public hearing held as part of the Missouri Air Conservation Commission meeting that begins at 9 am at the Missouri Department of Conservation's Northeast Regional Office, Conservation Classroom, 3500 S. Baltimore, Kirksville, Missouri. Written comments regarding this boundary area revision should be sent no later than Nov. 3, 2011, to the attention of Wendy Vit, Air Quality Planning Section Chief at P.O. Box 176, Jefferson City, MO 65102-0176 or by sending email to apcpsip@dnr.mo.gov

.

http://dnr.mo.gov/env/apcp/stateplanrevisions.htm 9!3012011State Plan Actions on Public Notice

- DNR Page 2 of3

Missouri State Implementation Plan Revision

- Section 110 Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard

• Missouri State Implementation Plan Revision

- Section 110 Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard

This plan was developed to fulfill the requirements of Section 110(a) of the Clean Air Act for the revised 2008 National Ambient Air Quality Standard for Lead. Section 110 (a)(1) requires states to submit a state implementation plan revision after the promulgation of a new or revised national air standard to address the implementation, maintenance and enforcement infrastructure eLements of Section 110(a)(2) for that standard. This plan is administrative in nature and demonstrates Missouri's ability and authority to implement these infrastructure elements for the revised 2008 lead standard via the referencing and discussion of applicabLe state statutes, regulations, programs or resources.

This draft plan will be on public notice beginning on Sept. 27, 2011 and ending at the close of business on Nov. 3, 2011. An opportunity to present oral comments is available during the Oct. 27, 2011 pubLic hearing held as part of the Missouri Air Conservation Commission meeting that begins at 9 a.m. at the Missouri Department of Conservation's Northeast Regional Office, Conservation Classroom, 3500 S. Baltimore, Kirksville, Missouri. Written comments regarding this plan revision should be sent no later than Nov. 3, 2011, to the attention of Wendy Vit, Air Quality Planning Section Chief at P.O. Box 176, Jefferson City, MO 65102-0176 or by sending email to apcpsip@dnr. mo. gov.

Missouri State Implementation Plan

- Redesignation Demonstration and Maintenance Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 1997 8-Hour Ground-Level Ozone National Ambient Air Quality Standard

o Redesignation Demonstration and Maintenance Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 1997 8-Hour Ground-Level Ozone National Ambient Air Quality Standard

• Appendix A

• Appendix B

• Appendix C

• Appendix D

• Appendix E

• Appendix E -1

• Appendix E-2

• Appendix E-3

• Appendix E -4

• Appendix E -5

• Appendix E-6

• Appendix E-7

• Appendix E -8

• Appendix F

• Appendix G

htlp:lldnr.rno.gov/env/apcp/stateplanrevisions.htrn 9/3012011State Plan Actions on Public Notice

- DNR Page 3 of3

On April 30, 2004, the U. S. Environmental Protection Agency designated the Missouri counties of Franklin, Jefferson, St. Charles and St. Louis along with the City of St. Louis as a nonattainment area for the 1997 8-Hour Ozone National Ambient Air Quality Standard. Monitoring data shows that the violations of the standard are no longer occurring within the St. Louis region. Monitors located in the St. Louis metropolitan

area have recorded three years of complete, quality assured ambient air quality monitoring data for 2008-2010, demonstrating attainment with the ozone standard. Now that the area has attained the standard, a redesignation request and maintenance plan for the St. Louis area is being submitted to EPA to redesignate the affected area to attainment for this NAAQS. This information will be on public notice beg'inning on Aug. 26, 2011 and ending at the close of business on Oct. 6, 2011. Written comments on this inventory should be sent to the attention of Wendy Vit, Air Quality Planning Section Chief at P.O. Box 176, Jefferson City, MO 65102-0176 or send email toapcpsip@dnr.mo.gov.

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### Proposed for Adoption

There are currently no state action plans proposed for adoption.

Back to top

9/30/2011 http://dnr.mo.gov/env/apcp/stateplanrevisions.htm

### TRANSCRIPT OF PROCEEDINGS 10/27/2011

Page 1

1
STATE OF MISSOURI BEFORE THE AIR CONSERVATION COMMISSION 2 3 4 5
6
PUBLIC HEARING 7
TRANSCRIPT OF PROCEEDINGS 8

TAKEN ON BEHALF OF 9
THE MISSOURI AIR CONSERVATION COMMISSION 10
OCTOBER 27, 2011 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3

BEFORE THE AIR CONSERV A nON COMMISSION
STATE OF MISSOURI

PUBLIC HEARING TRANSCRIPT OF PROCEEDINGS

Thursday, October 27,2011 9:00 a.m. Missouri Department of Conservation
3500 South Baltimore Kirksville, MO 63501

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1 2 1 INDEX 2 3 3 PAGE 4 4 WITNESS: KYRA MOORE 5 5 Testimony of Kyra Moore 5 6 6 Page 4

APPEARANCES

Commissioners present: David Zimmerman, Chairman Gary Pendergrass Ron Boyer Jack Baker (appearing via telephone) 7 WITNESS: JOE WINKELMANN 7 8 Testimony of Joe Winkelmann 5 

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# I 8 9 9 Court Reporter: 10 WITNESS: TIFFANY DRAKE Melissa Bennett, MO CCR I307(T) 11 Testimony of Tiffany Drake to 10 Midwest Litigation Services 3432 West Truman Boulevard, Suite 207 12 11 Jefferson City, MO 65109 13 Reporter's Certificate 27 (573)636-7551 14 12 15 13 14 16 (No exhibits were marked herein.) 15 17 16 18 

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### TRANSCRIPT OF PROCEEDINGS 10/27/2011

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1 TRANSCRIPT OF PROCEEDINGS 1 this reason, the Section 110 plan submittals are 2 KYRA MOORE, being sworn, testified as follows: 2 commonly referred to as infracture SIP's

. Elements of 3 MS. MOORE: Chairman, members of the 3 the infrastructure SIP include : Ability to implement 4 Commission, my name is Kyra Moore. I'm staff director 4 enforceable emission limits and control measures, air 5 of the Air Pollution Control Program within the 5 quality monitoring, enforcement and construction 6 Department of Natural Resources for the Air 6 permit programs, public notification/consultation 7 Conservation Commission. 1 work at 1659 East Elm 7 process, and air quality modeling. 8 Street in Jefferson City, Missouri 65101. Notice of 8 This plan is administrative in nature and 9 this public hearing was posted on the Department of 9 demonstrates that Missouri has the infrastructure 10 Natural Resources' web page. The notice was also 10 necessary to implement these required elements for the 11 distributed to approximately 300 citizens, 11 2008 revised lead standard via the referencing of 12 organizations, corporations, associations, and elected 12 specific corresponding applicable state statutes, 13 officials. In addition, the four local air pollution 13 regulations, programs, or resources. 14 control agencies, the U.S. Environmental Protection 14 Although some elements of this plan are 15 Agency, and the states of Illinois and Kansas were 15 pollutant specific, most of the infrastructure 16 notified of this public hearing. 16 elements addressed within this proposed plan are l7 Chairman, this concludes my testimony. 17 general, institutional, or organizational in nature 18 COMMISSIONER ZIMMERMANN: Thank you. Can 18 and would apply equally well to any of the criteria 19 we have Joe Winkelmann. 19 pollutants. For this reason, many portions of this 20 JOE WINKELMANN, being sworn, testified as follows: 20 plan may be used as a model for future infrastructure 21 MR. WINKELMANN : Chairman, members of the 21 SIP's in the event of any newly promulgated or revised 22 Commission, my name is Joe Winkelmann

. I'm employed 22 NAAQS. Some elements of this plan are informative in 23 as an environmental engineer with the Air Pollution 23 that they give an outline into the inner workings of 24 Control Program located at 1659 East Elm Street, 24 the Air Program. There is also reference to state 25 Jefferson City, Missouri. I'm here today to present 25 statutes and regulations that may not normally get Page 6 Page 8

1 testimony for a proposed revision to the state 1 much attention because of their organizational, not 2 implementation plan for the Section 110 infrastructure 2 regulatory, effect. 

### L( D 3 requirements of the**2~tional** Ambient Air Quality 3 One example of an element in this plan that**~** - :stanoaro to rQ" ynn (pho c). The revision starts on 4 is pollutant specific is paragraph 2.2.D addressing 5 page 107 of your briefing document. 5 interstate transport of lead. This paragraph 6 The purpose of this revision is to satisfy 6 discusses how lead's high density property causes it 7 the requirements of Section 110 of the federal Clean 7 to have airborne characteristics radically different 8 Air Act Amendments of 1990, hereafter referred to as 8 than other more dispersive and transportable criteria 9 the Act, throughout the state for the lead air quality 9 pollutants. Nonetheless, this plan goes on to show 10 standard that was revised by the U.S. Environmental 10 the steps that Missouri has taken to further mitigate 11 Protection Agency in 2008. Section 110(a) of the Act 11 the contribution of lead emissions to our neighbors

. 12 13 requires that each state submit to EPA a SIP revision for the implementation, maintenance, and enforcement 12 13 An example from this plan that illustrates '\)

an element that is not**parti lar**  to a s e ' :W----­**~** 

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14 of each new or revised NAAQS within three years of the 14 pollutant is paragraph 2.2 (9..00 adequate resources. D., /( 15 promulgation of the new or revised standard. On 15 belire the first paragraph mentioned should have been 

## \0**~,** 16 October 15, 2008, the EPA promulgated a revised NAAQS 16**·** his is 2.2.B

. It seems that's a miStak j This**~.') '**  17 for lead. The revision strengthened the primary and 17 paragraph**~ins** parts addressing pers nnel, 18 19 secondary standards tenfold, decreasing the limits for airborne lead from 1.5 micrograms per cubic meter to 18 19 funding, authority, and conflicts of interest. For instance, the part on conflicts of interest reviews**~**

## ~~**V;~\~** 20 .15 micrograms per cubic meter. 20 the corresponding statutes and policies for Commission 21 The intent of the Act in requiring this 21 members and staff members alike. 22 plan submittal is to obligate the state to demonstrate 22 Infrastructure plans, however, do not 23 it has the ability, authority, and resources to 23 directly address nonattainment areas. Recommendations 24 implement the infrastructure elements located in 24 for lead area designations were adopted by this 25 Section 11 0(a)(2) for each criteria pollutant. For 25 Commission on December 3, 2009, and were subsequently



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### TRANSCRIPT OF PROCEEDINGS 

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1 approved by the EPA. As a result of those 1 what the 2008 Ozone NAAQS was set at and how that 2 designations, there are two areas in the state in 2 impacted different areas of Missouri. I will also 3 nonattainment with the 2008 standard: The city limits 3 review the original boundary recommendations that were 4 of Herculaneum and an area around the Buick Secondary 4 adopted by this Commission in March of 2009 as well as 5 Smelter in parts of Iron, Dent, and Reynolds Counties. 5 what actions EPA has taken regarding the standard 6 The air pollution control program is currently and 6 since March of 2009. Then I will discuss the most 7 separately developing attainment demonstration plans 7 recent air quality assured air monitoring data, which 8 for these lead nonattainment areas as required by 8 is the basis of this revised recommendation. Finally, 9 Section 110(a)(2)(1) of the Act and as discussed in 9 I will discuss what EPA has told the states in regards 10 paragraph 2.2.1 of this plan. However, Title 1 Part D 10 to the next steps under this standard. 11 of the Act governs the timing and other necessary 11 When the 2008 Ozone Standard was released 12 specific elements of these nonattainment area plans. 12 in March of 2008, it was low

-- it lowered the 13 Therefore, the lead attainment plans will follow the 13 standard to .075 parts per million or 75 parts per 14 timing schedule allowed per Section 172 of the Act, 14 billion or ppb. At that time many monitors across the 15 not the timing requirement of Section 11 O(a)(I), and 15 state violated the standard. In order to reach out 16 thus those plans are not part of this document. 16 and educate many new areas of the state that could be 17 Through this proposed plan, the State of 17 impacted by the revised standard, the Air Pollution 18 Missouri certifies that it has the authority and 18 Control Program held stakeholder meetings in four 19 resources to implement, maintain, and enforce the 2008 19 different areas of the state. These areas included 20 revised lead NAAQS. Furthermore, this plan 20 S1. Louis, Kansas City, Springfield, and Perry County 21 demonstrates that the state has addressed and 21 near Cape Girardeau. The public hearing for the 22 fulfilled all the applicable infrastructure 22 proposed recommendation was held in December 2008, and 23 requirements of Section 110(a) of the Act in regard to 23 the boundary recommendations based on 2006 to 2008 24 this revised standard. 24 quality assured ozone monitoring data were submitted 25 If the Commission adopts this this plan, 25 to EPA by the March 2009 deadline.

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it will be the Department's intention to submit it to the U.S. Environmental Protection Agency for inclusion in the Missouri State Implementation Plan. This concludes my testimony. Commissioners, I'll be happy to answer any questions. COMMISSIONER ZIMMERMANN: Does anyone have
any questions? COMMISSIONER BOYER: No. COMMISSIONER ZIMMERMANN: Thank you. All right. We'll now have Tiffany Drake. TIFF ANY DRAKE, being sworn, testified as follows: MS. DRAKE: Good morning, members of the Commission. My name is Tiffany Drake. I am employed with the Air Pollution Control Program as an environmental engineer. I work at 1659 East Elm Street, Jefferson City, Missouri. I am here today to present testimony on a revised 2008 8-Hour Ozone National Ambient Air Quality Standard, or NAAQS, boundary recommendation. The infonnation for this revised recommendation begins on page III of your briefing document. The presentation I am about to

cover begins on page 117 of your briefing document. Before I discuss the revised recommendation itself, I would like to review some of the history of the 2008 Ozone NAAQS. This presentation will cover 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12

The map on this slide represents the recommended nonattainment boundaries submitted by the Department in March of2009. As you can see, the St. Louis and Kansas City nonattainment areas included new counties of Lincoln, Clinton, and Casso Sorry. That's a misprint. Perry and Ste. Genevieve Counties

were each proposed as their own nonattainment areas, and St. Francis and Cape Girardeau Counties were recommended as unclassifiable. The remainder of the

state was recommended as attainmentlunclassifiable. Following the submissions of the area recommendations, in September of2009, EPA announced its intention to reconsider the 2008 Ozone NAAQS. At that time EPA based its decision on the fact that their scientific advisory committee had recommended a range of 60 to 70 ppb for the ozone standard, but the standard was set at 75 ppb. Over the next two years, EPA delayed announcing the result of the reconsideration four times. EPA's final self-set deadline for the reconsideration was July 31, 2011. During that time period, EPA also issued a statement that they were delaying action on the 2008 boundary recommendations. Finally, on September 2 of2011, President Obama issued a statement that he was suspending the reconsideration ofthe 2008 Ozone


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### COMMENTS AND RESPONSES AND RECOMMENDATION FOR ADOPTION

PROPOSED REVISION TO THE MISSOURI STATE IMPLEMENTATION PLAN —

SECTION 110 INFRASTRUCTURE REQUIREMENTS FOR THE 2008 LEAD NATIONAL AMBIENT AIR QUALITY STANDARD

On October 27, 2011 the Missouri Air Conservation Commission held a public hearing concerning the proposed revision to the Missouri State Implementation Plan (SIP) for the Section 110 Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard (NAAQS). Section 110(a)(1) of the federal Clean Air Act requires states to submit an implementation plan revision such as this after the promulgation of a new or revised NAAQS to address the implementation, maintenance, and enforcement infrastructure elements of Section 110(a) for that NAAQS. This plan is administrative in nature and demonstrates Missouri’s ability and authority to implement these infrastructure elements for the 2008 revised Lead standard via the referencing of specific corresponding applicable state statutes, regulations, programs or resources. No written or verbal comments were received concerning this proposed plan during the public comment period.

The document has not been reprinted in the briefing document as no changes were made from the proposal. The entire document is available for review at the Missouri Department of Natural Resources’, Air Pollution Control Program, 1659 East Elm Street, Jefferson City, Missouri, 65101, (573)751-4817. It is also available online at http://dnr.mo.gov/env/apcp/stateplanrevisions.htm

The Missouri Department of Natural Resources’ Air Pollution Control Program recommends the commission adopt the plan action as proposed. If the commission adopts this plan action, it will be the department’s intention to submit this plan to the U.S. Environmental Protection Agency for inclusion in the Missouri State Implementation Plan.

SUMMARY OF COMMENTS: No written or verbal comments were received concerning this proposed SIP revision.