[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Rules and Regulations]
[Pages 62295-62299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26501]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

ADDRESSES: Written comments must be submitted to Kim Johnson, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the above listed 
Region 7 location. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.

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

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

What Is a State Implementation Plan (SIP)?

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

What Is the Federal Approval Process for a SIP?

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

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

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

What requirements must be followed for redesignation to attainment?

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

[[Page 62296]]

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

What is being addressed in this document?

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

Attainment of the NAAQS

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

Fully Approved SIP

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

Permanent and Enforceable Emissions Reductions

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

Fully Approved Maintenance Plan

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

Part D and Section 110

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

Rule Revision

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

[[Page 62297]]

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

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

What action is EPA taking?

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

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule 
approves preexisting requirements under state law. In addition, the 
redesignation is an action which affects the status of a geographic 
area but does not impose any new requirements on governmental entities 
or sources. Therefore, it does not impose any additional enforceable 
duty beyond that required by state law, it does not contain any 
unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4). For the same reason, this rule also does not significantly or 
uniquely affect the communities of tribal governments, as specified by 
Executive Order 13084 (63 FR 27655, May 10, 1998). This rule will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, our role is to approve state choices, 
provided that they meet the criteria of the CAA. In this context, in 
the absence of a prior existing requirement for the state to use 
voluntary consensus standards (VCS), we have no authority to disapprove 
a SIP submission for failure to use VCS. It would thus be inconsistent 
with applicable law for EPA, when it reviews a SIP submission, to use 
VCS in place of a SIP submission that otherwise satisfies the 
provisions of the CAA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. We will submit a report containing this rule and other 
required information to the United States Senate, the United States 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 18, 2000. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, Lead.

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

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

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

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

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


Sec. 52.1320  Identification of plan.

* * * * *

[[Page 62298]]

    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                           State effective     EPA approval
        Missouri citation                 Title                 date               date            Explanation
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                                    Missouri Department of Natural Resources
 
 *                  *                  *                  *                  *                  *
                                                         *
     Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                     Regulations for the State of Missouri
 
 *                  *                  *                  *                  *                  *
                                                         *
 10-6.120......................   Restriction of         October 30, 1998.  [insert FR cite]
                                  Emissions of Lead                          October 18, 2000.
                                  from Specific Lead
                                  Smelter-Refinery
                                  Installations.
 
 *                  *                  *                  *                  *                  *
                                                         *
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    b. In the table to paragraph (d), by adding entry ``Doe Run 
Resource Recycling Facility near Buick, Missouri'', immediately before 
the center heading ``St. Louis City Incinerator Permits''.
    The addition reads as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Source Specific Permits and Orders
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                                      Order/permit      State effective
          Name of source                number               date          EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
 *                  *                  *                  *                  *                  *
                                                         *
 Doe Run Resource Recycling       Consent Order.....  May 11, 2000......  October 18, 2000..
 Facility near Buick, MO.
 
 *                  *                  *                  *                  *                  *
                                                         *
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    c. In the table to paragraph (e), by adding entry for Doe Run 
Resource Recycling Facility at the end of the table.
    The addition reads as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                       Applicable
    Name of nonregulatory SIP        geographic or      State submitted    EPA approval date      Explanation
            provision             nonattainment area         date
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 *                  *                  *                  *                  *                  *
                                                         *
 Doe Run Resource Recycling       Dent Township in    May 17, 2000......  October 18, 2000..
 Facility near Buick, MO.          Iron County.
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PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

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


Sec. 81.326  Missouri.

* * * * *

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                                                  Missouri--Lead
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                                                         Designation                          Classification
           Designated area           ---------------------------------------------------------------------------
                                                Date                     Type               Date         Type
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Iron County (part) Within boundaries  October 18, 2000.......  Attainment.............
 of Dent Township.
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[FR Doc. 00-26501 Filed 10-17-00; 8:45 am]
BILLING CODE 6560-50-P