[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Proposed Rules]
[Pages 5761-5767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01500]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0913; FRL-9351-01-R7]


Air Plan Approval; State of Missouri; Revised Plan for 1978 and 
2008 Lead NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to take 
action to approve the State of Missouri's request to remove its State 
Implementation Plan (SIP) for maintaining the 1978 Lead National 
Ambient Air Quality Standards (NAAQS) in portions of Iron County, 
Missouri, surrounding the former Glover smelter, and replace the 
maintenance plan with a plan for continued attainment of the 2008 Lead 
NAAQS. Missouri has entered into a Consent Agreement with the 
facility's current owner, the Doe Run Company (Doe Run), and has 
submitted the Consent Agreement for approval into the SIP along with a 
plan demonstrating continued attainment of the 2008 Lead NAAQS in the 
area. The EPA's proposed approval of the request is based on the 
determination that the area continues to meet the 1978 and 2008 Lead 
NAAQS and that the plan provides additional protections to air quality 
regardless of ownership and/or operational status of the Glover 
facility.

DATES: Comments must be received on or before March 4, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0913 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Doolan, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, KS 66219 at (913) 551-7719 or by email at 
<a href="/cdn-cgi/l/email-protection#f4909b9b98959ada878091849c959a9d91b4918495da939b82"><span class="__cf_email__" data-cfemail="0d696262616c63237e79687d656c6364684d687d6c236a627b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. Background for the EPA's Proposed Action
III. Missouri's Submission
IV. The EPA's Analysis of the State's Request
    1. Air Monitoring Demonstrates Attainment of the 2008 Lead NAAQS
    2. Demonstration that the Plan will Protect the 2008 Lead NAAQS
    3. Verification of Continued Attainment
    4. Deconstruction or Demolition of Remaining Structures
    5. Other Differences Between the 2004 Maintenance Plan and 2003 
Settlement Agreement and the 2020 Plan and 2020 Consent Agreement
V. Requirements for Approval of a SIP Revision
VI. The EPA's Proposed Action
VII. Incorporation by Reference
VIII. Environmental Justice Concerns
IX. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0913, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not

[[Page 5762]]

consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background for the EPA's Proposed Action

    American Smelting and Refining Company Incorporated (ASARCO) 
constructed the Glover facility in 1968 prior to the Clean Air Act 
(CAA) and any associated permitting or air pollution control 
requirements. In 1978, the EPA promulgated a national ambient air 
quality standard (NAAQS) for lead of 1.5 micrograms per cubic meter 
([mu]g/m\3\) averaged over a calendar quarter (43 FR 46246, October 5, 
1978). To comply with the 1978 standard, in 1980 the state submitted 
its attainment plan which was approved by EPA into the Missouri State 
Implementation Plan (SIP) (46 FR 23412, April 27, 1981). The area 
surrounding the facility was subsequently designated as nonattainment 
for the 1978 Lead NAAQS on November 6, 1991 (56 FR 56694). On August 
14, 1996, Missouri submitted a second attainment plan for the area that 
was approved by EPA into Missouri's SIP (62 FR 9970, March 5, 1997). On 
August 30, 1998, the Doe Run Company (Doe Run) acquired all ASARCO's 
Missouri lead interests including the Glover facility. The transfer of 
ownership was approved into the Missouri SIP on April 16, 2002, in a 
SIP approval action that primarily pertains to the Herculaneum primary 
lead smelter (67 FR 18497). On October 29, 2004, the EPA redesignated 
the area surrounding the Glover facility to attainment of the 1978 Lead 
NAAQS and approved the maintenance plan for ensuring continued 
maintenance of the standard (69 FR 63072). As part of the 2004 
maintenance plan approval, the EPA approved the Settlement Agreement 
between Missouri and Doe Run, dated October 31, 2003, into the SIP.
    Doe Run ceased smelting operations at the facility in November 
2003. Subsequent to ceasing operations, monitors recorded 3-month 
rolling calendar quarter average lead concentrations in the area that 
were continuously below 0.15 [mu]g/m\3\, the level of the 2008 Lead 
NAAQS. Because the lead concentrations monitored in ambient air were 
less than the 2008 Lead NAAQS level, EPA designated the area as 
unclassifiable/attainment for that NAAQS (75 FR 71033, November 21, 
2010).
    In 2013, Doe Run initiated demolition of buildings and other 
structures at the facility. During these activities, ambient air 
monitors in the Glover area violated the 2008 Lead NAAQS. Doe Run 
ceased these activities temporarily to implement more stringent dust 
control measures before resuming demolition. There were no subsequent 
violations of the 2008 Lead NAAQS.
    In its October 7, 2020 SIP revision request, Missouri reports that 
as of December 2019, most of the deconstruction and removal activities 
at the Glover facility are complete. Doe Run demolished the sinter 
plant and associated baghouses; removed the furnaces, feed conveyors, 
kettles and casting line; and capped and vegetated the ASARCO slag 
pile. In its October 7, 2020 SIP revision request, Missouri also 
reports that Doe Run has filed closure plans for the Glover facility 
with Missouri's Land Reclamation Program. In January 2018, the Land 
Reclamation Program approved Doe Run's Metallic Minerals Waste 
Management Closure Plan for the Glover facility. Two stacks still stand 
on the premises. Additionally, the unloading building is still in use 
as a lead concentrate storage and transfer station.

III. Missouri's Submission

    On October 7, 2020, Missouri submitted a request to strengthen the 
SIP by replacing its maintenance plan and associated Consent Agreement 
for the 1978 Lead NAAQS for the former Doe Run Glover lead smelter in 
Iron County, Missouri, with a plan for continued attainment of the 2008 
Lead NAAQS (hereinafter ``2020 Plan''). Missouri's request includes a 
June 6, 2020 Consent Agreement between Missouri and Doe Run 
(hereinafter ``2020 Consent Agreement'') as a replacement for the 2003 
Settlement Agreement. The 2020 Consent Agreement restricts lead 
emitting activities, requires fugitive emissions controls and 
contingency measures, and applies to current and future owners of the 
facility. Once incorporated into the SIP, any change to the 2020 
Consent Agreement would require a SIP revision and accompanying 
determination by the EPA that the revision remains at least as 
protective as the current agreement under the CAA before the changes 
could take effect.
    As discussed in section II, the maintenance plan for the facility 
approved by the EPA in 2004 and its federally enforceable Settlement 
Agreement contain emission controls and contingency measures based on 
the facility's operation as a lead smelter. The 2004 maintenance plan 
and 2003 Settlement Agreement no longer represent the types of controls 
and contingency measures necessary to ensure the control of fugitive 
lead containing dust and to secure the facility against re-entrainment 
due to future demolition of on-site structures and/or disturbance of 
lead-contaminated soil that may cause a violation of the lead standard. 
For these reasons, Missouri and Doe Run executed the 2020 Consent 
Agreement that updates the emissions controls to work practice 
standards for the control of fugitive lead-contaminated dust, revises 
the contingency measures to be implemented in the event of a future 
violation to include fugitive dust controls that can be immediately 
implemented, and makes the controls and contingency measures applicable 
and binding on any future property owner and/or operator. The 2020 
Consent Agreement contains provisions for restarting ambient air 
monitoring should conditions at the facility change and pose a 
potential for a future 2008 Lead NAAQS violation.
    Section IV describes the EPA's analysis of Missouri's submission 
and rationale for its proposed approval demonstrating how the 2020 plan 
and 2020 Consent Agreement meet the general SIP submission requirements 
for approval pursuant section 110 of the CAA and specifically the 
requirements of section 110(l) which are described below.

IV. The EPA's Analysis of the State's Request

    As discussed above, the EPA's action to redesignate the area under 
the 1978 Lead NAAQS also contained EPA's approval of a maintenance plan 
to ensure that the area continues to attain the 1978 Lead NAAQS. On 
November 12, 2008, the EPA promulgated the 2008 Lead NAAQS and stated 
that the 1978 Lead NAAQS would continue to apply for a period of one 
year following the effective date of designations, except that for 
areas in nonattainment of the 1978 Lead NAAQS that standard would 
continue to be in effect until EPA approved a SIP for the 2008 Lead 
NAAQS (73 FR 66964, 67043). As explained above, EPA redesignated the 
Glover area to attainment of the 1978 Lead NAAQS on October 29, 2004. 
Thus, the 1978 Lead NAAQS was revoked for the Glover area one year 
following its attainment designation for the 2008 Lead NAAQS. While the 
1978 Lead NAAQS was revoked for the Glover area, the 1978 Lead NAAQS

[[Page 5763]]

maintenance plan for the Glover area remained part of Missouri's SIP.
    The state has requested that the EPA approve the October 7, 2020 
submittal as a replacement for the SIP-approved maintenance plan for 
the 1978 Lead NAAQS and the 2020 Consent Agreement as a replacement for 
the 2004 Settlement Agreement.\1\ The EPA is evaluating the request to 
ensure the request satisfies the requirement of section 110(l) of the 
CAA that the plan revision not interfere with any applicable 
requirement concerning attainment, reasonable further progress or any 
other applicable CAA requirement. The following paragraphs present the 
EPA's analysis of how the state's plan meets the requirements of CAA 
section 110(l).
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    \1\ Because the Glover Area was designated as an unclassifiable/
attainment area for the 2008 Lead NAAQS, Missouri is not required to 
submit a plan for attaining the 2008 Lead NAAQS. See 75 FR 71033, 
November 22, 2010. While Missouri's submittal is entitled ``Plan for 
Continued Attainment of the 2008 Lead Standard in Liberty and 
Arcadia Townships in Iron County Doe Run--Glover Facility'', the 
plan is not an attainment plan subject to the requirements of 
section 172 of the CAA or a maintenance plan subject to the 
requirements of section 175A of the CAA.
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1. Air Monitoring Demonstrates Attainment of the 2008 Lead NAAQS

    The State of Missouri operated a State and Local Air Monitoring 
Stations (SLAMS) ambient air monitor for lead for the Glover 
nonattainment area to demonstrate attainment of the 1978 Lead NAAQS. 
The data from this monitor were also used to designate the Glover area 
as unclassifiable/attainment for the 2008 Lead NAAQS. From January 2014 
to May 2019, ambient air monitors recorded data that was below the 
level of the 2008 Lead NAAQS. The maximum annual three-month rolling 
average lead concentration for 2018 for the monitor operated by 
Missouri is 0.02 [micro]g/m\3\.
    In its 2018 Monitoring Network Plan, Missouri requested to cease 
operating its ambient lead monitor downwind from the Glover facility on 
the basis that the monitor met the regulatory requirements for monitor 
shutdown of 40 CFR 58.14(c), namely that the area has shown attainment 
of the lead standard for the previous five years and that the 
probability that 80 percent of the standard will be exceeded is less 
than 10 percent. In an approval letter dated April 19, 2019, EPA 
approved Missouri's request noting that EPA may require monitoring to 
be restarted in the future if a change in the facility status occurs 
(such as demolition, site cleanup or construction) that could result in 
increased re-entrainment of lead dust.\2\ Missouri discontinued 
sampling at the site in May 2019.
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    \2\ The April 19, 2019 EPA approval letter of Missouri's 2018 
monitoring network plan is included in the docket for this action.
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    Doe Run currently operates two air monitors for lead in the area 
classified as non-ambient industrial source monitors. The sites are 
named the Glover Post Office Site and the Glover Big Creek Site. These 
air monitors also have not recorded violations of the 2008 Lead NAAQS 
since the violation that occurred during the 2013 demolition 
activities. The 2020 Consent Agreement states that Doe Run shall 
continue monitoring for airborne lead at the Glover Post Office site 
and the Glover Big Creek site until EPA approves the 2020 Plan and 2020 
Consent Agreement into the Missouri SIP.
    The 2020 Consent Agreement provides a process for resumption of 
monitoring should certain lead-emitting activities resume at the 
facility. Through this action, the EPA is proposing to allow Doe Run to 
discontinue sampling at these two monitoring sites per the 2020 Consent 
Agreement based on EPA's determination that historical monitoring 
demonstrates that air quality in the area will remain in compliance 
with the 2008 Lead NAAQS based upon the facility operations allowed by 
the 2020 Consent Agreement.

2. Demonstration That the Plan Will Protect the 2008 Lead NAAQS

    Missouri has demonstrated the continued attainment of the standard 
through fugitive emission controls and work practice standards that 
have been verified by the ongoing attainment of the 2008 Lead NAAQS at 
the ambient air monitor. The 2008 Lead NAAQS, 0.15 [mu]g/m\3\ averaged 
over a rolling calendar quarter, is more stringent than the 1978 Lead 
NAAQS, 1.5 [mu]g/m\3\ averaged over a calendar quarter. The activities 
at the facility are limited under paragraph 1.A of the 2020 Consent 
Agreement to handling and storage of lead concentrate material. Under 
paragraph 1.A Doe Run shall not resume or recommence any lead smelting, 
refining, molding, casting, or any other activity at the Glover 
facility that will result in production-related lead emissions without 
Missouri's written approval.
    Other requirements from the 2020 Plan and 2020 Consent Agreement 
between Missouri and Doe Run (and its successors) include continued 
operation of a vehicle wash station, street cleaning, road sprinkler 
systems, and the requirement to maintain the fence line surrounding the 
facility to preclude public access.
    Paragraph 1.B. of the 2020 Consent Agreement requires Doe Run to 
continue to operate a vehicle wash station designed to wash a vehicle's 
undercarriage, sides, backs and tailgates, tires, and wheels. Every 
vehicle leaving the Glover facility after loading or unloading 
concentrate or lead-bearing materials must be washed in the wash 
station prior to exiting the facility. The vehicle wash requirement was 
a contingency measure in the 2004 maintenance plan; whereas, it is a 
requirement of the 2020 Consent Agreement.
    Paragraph 1.C. of the 2020 Consent Agreement requires Doe Run to 
continue to conduct street cleaning using a regenerative air sweeper or 
a device of comparable efficiency. Street cleaning will continue for 
all interior roads traveled by trucks transporting concentrate or lead-
bearing material trucks from the loading or unloading area to the wash 
station at least once each week that loading or unloading occurs. 
During periods when freezing temperatures may form snow, ice or 
hazardous conditions, street cleaning operations may be suspended. This 
requirement differs from the 2004 maintenance plan only in that Doe Run 
was previously required to conduct street cleaning once per day; the 
2020 Consent Agreement requires street cleaning once per week. The 2004 
maintenance plan requirement was based on the assumption that the 
facility would continue to operate as a lead smelter. Since November 
2003 the facility has been used to store lead concentrate, a process 
that emits less lead, reducing the frequency of street cleaning will 
remain protective of the NAAQS.
    Paragraph 1.D., of the 2020 Consent Agreement requires Doe Run to 
continue operating its sprinkler system to reduce lead emissions from 
transportation activities within the Glover Facility. The sprinkler 
system shall be operated for truck haul routes when there are 10 or 
more trucks carrying concentrate or lead-bearing material that have 
loaded or unloaded at the facility on any calendar day, except on days 
when there is precipitation or the ambient temperature is less than 39 
degrees Fahrenheit. The 2020 Consent Agreement requirements to operate 
the sprinkler system are the same as the 2003 Settlement Agreement 
except that the Work Practice Manual containing these requirements was 
an attachment to the 2003 Agreement, while the requirements of the 
sprinkler system operations are included within

[[Page 5764]]

paragraph 1.D of the 2020 Consent Agreement. The 2020 Consent Agreement 
also provides Missouri the authority to request Doe Run to develop a 
new work practice manual or standard operating procedures for the 
sprinkler system that ensures these minimum requirements are met.
    All deliveries of concentrate shall unload only at the unloading 
building per paragraph 1.E. of the 2020 Consent Agreement. The siding, 
roll-up doors, and roof monitor enclosure of this building shall be 
maintained to minimize fugitive emissions of lead containing dust. Doe 
Run shall repair or cover any hole, rip, or tear in the siding or roll-
up doors that are larger than one foot (12 inches) in any dimension 
within 24 hours after discovery. Doe Run must ensure all personnel 
access and roll-up doors remain closed except as needed for employees 
or vehicles to enter or exit the building. At least weekly during 
loading or unloading activity, Doe Run shall inspect all doors, siding, 
and openings to ensure compliance and maintain a record documenting 
compliance with Paragraphs 1.D. and 1.E. The 2020 Consent Agreement 
requirements are more specific about the inspection for leaks and the 
requirements to address them than the 2003 Settlement Agreement.
    Per paragraph 1.H. of the 2020 Consent Agreement Doe Run shall 
continue to maintain a fence that precludes public access to the 
general Glover Facility area. The minimum fence line Doe Run shall 
maintain is identified in Appendix A of the 2020 Consent Agreement. The 
purpose of the fence line is to maintain a distinction between ambient 
and non-ambient air to prevent public access to the area. The 2020 
Consent Agreement requires Doe Run or its successor to continue to 
maintain the fence line until Missouri determines in writing that all 
closure and remediation activities in the area surrounding the Glover 
facility are complete. The 2020 Consent Agreement is more specific in 
requiring any successor(s) to maintain the fencing until the 
remediation is complete to prevent public access to lead contaminated 
areas.

3. Verification of Continued Attainment

    The state has the legal authority to enforce and implement the 
requirements of the 2020 Consent Agreement to ensure ongoing attainment 
of the 2008 Lead NAAQS, which will be permanent and enforceable upon 
approval into Missouri's SIP.
    The state commits in its 2020 plan to ensure that Doe Run or its 
successor will continue to operate the facility only for lead 
concentrate transport and storage under the emission controls described 
above. If facility operations change, Doe Run or its successor is 
required to follow the requirements of paragraph 1.G of the 2020 
Consent Agreement for deconstruction or demolition activities described 
in the next section. The limitations on future deconstruction or 
demolition activities at the facility is not included in the 2004 plan 
or 2003 Settlement Agreement; these documents were written with the 
expectation that the facility would continue to operate as a lead 
smelter; the 2020 Consent Agreement is more comprehensive as it 
addresses deconstruction and demolition activities.

4. Deconstruction or Demolition of Remaining Structures

    If any demolition or deconstruction is planned at the facility by 
Doe Run or its successors for the remaining structures at the Glover 
Facility, per paragraph 1.G of the 2020 Consent Agreement, Doe Run or 
its successor shall notify Missouri's Air Director. Concurrent with its 
notification, Doe Run shall either:
    a. Submit to the Missouri Air Director a plan for fugitive dust 
control related to such activities and a schedule for restarting air 
lead monitoring at the Glover Post Office and Glover Big Creek 
monitoring sites under the approved Quality Assurance Project Plan for 
Ambient Air Quality Monitoring for the Lead Monitoring Network at the 
Doe Run Company Glover Division, Version 2.0, December 2019; or
    b. Submit to the Missouri Air Director a plan for fugitive dust 
control prior to the commencement of demolition or deconstruction 
activities, and if requested, include a new plan and schedule for new 
temporary monitoring sites at locations other than the Glover Post 
Office and Glover Big Creek monitoring sites and an accompanying 
Quality Assurance Project Plan (QAPP) for any such sites.
    For either option listed above, monitoring will be conducted every 
other day starting a minimum of five calendar days in advance of the 
demolition or deconstruction activities and must continue for a minimum 
of three months following the completion of the activities.
    If Doe Run restarts monitoring or installs new temporary monitors 
pursuant paragraph 1.G of the 2020 Consent Agreement, the following 
shall apply:
    a. If an air monitor measures any of the following concentrations 
of lead in the air, Doe Run shall cease the activities that led to the 
high concentrations as expediently as practicable:
    1. A 24-hour average concentration of 1.5 [mu]g/m\3\ or higher;
    2. two consecutive measurements where the average concentration of 
the two days is 0.5 [mu]g/m\3\ or higher;
    3. four consecutive measurements where the average concentration of 
the four days is 0.25 [mu]g/m\3\ or higher;
    4. 15 consecutive measurements where the average concentration of 
the 15 days is 0.15 [mu]g/m\3\ or higher.
    b. Doe Run shall notify Missouri's Air Director in writing within 
seven calendar days after the day in which the measured lead 
concentration triggered an exceedance of any of these levels. The 
notification shall include all measured lead concentrations that 
contributed to the exceedance, an explanation of the activities that 
led to the exceedance, and the steps Doe Run took to cease such 
activities as expediently as practicable.
    c. Following an exceedance of any of the levels Missouri has 
established listed above in subparagraph 5.a., Doe Run must submit an 
updated dust control plan and obtain Missouri's approval before 
resuming on-site activities. At a minimum, any such update to the dust 
control plan must consider measures to control lead containing dust 
including the use of water mister-type dust control devices, 
installation of temporary physical barriers around the activity site to 
block fugitive dust emissions, increased road washing and sweeping, and 
intensive washing of interiors of structures subject to demolition or 
deconstruction.
    The fugitive dust controls and lead monitoring requirements listed 
above are necessary in the event that the facility use changes from its 
current status as a lead concentrate transportation and storage 
facility and Doe Run or its successor initiates on-site activities that 
would disturb lead containing dust, such as demolition or 
deconstruction. If Doe Run is required to resume air monitoring based 
upon a change in activities at the facility and the area violates the 
NAAQS, the 2020 Consent Agreement specifies steps to be taken to 
control the lead containing dust and return the area to compliance with 
the standard. The 2003 Settlement Agreement does not address 
deconstruction or demolition activities.

5. Other Differences Between the 2004 Maintenance Plan and 2003 
Settlement Agreement and the 2020 Plan and 2020 Consent Agreement

    Since the Glover facility no longer smelts lead, Missouri did not 
include

[[Page 5765]]

items specific to Doe Run's former smelter operations from the 2004 
maintenance plan and 2003 Settlement Agreement to the 2020 Plan and 
2020 Consent Agreement. These items are listed below:
    <bullet> Requirements for the operation of the former Sinter Plant 
and Blast Furnace;
    <bullet> Limits on stack emissions for lead;
    <bullet> Limits on hours of operation; and
    <bullet> Weight limits for how much lead may be produced.
    The previous contingency measures were also not carried forward 
because they were focused on the lead smelting process, such as 
lowering stack lead emission limits, increasing the Sinter baghouse 
efficiency, and modification of the refinery skims handling procedures. 
The implementation of a vehicle wash station was a previous contingency 
measure that was implemented and carried forward as a requirement of 
the 2020 Consent Agreement. Expansion of the sprinkler system use was a 
previous contingency measure that was modified in the 2020 Consent 
Agreement by making the sprinkler system a requirement for specific 
haul roads, under dry conditions with temperatures greater than 39 
degrees Fahrenheit and when 10 or more trucks will be loaded or 
unloaded on a given day.
    As discussed in this section, lead emissions are not expected to 
increase provided that activities remain the same and Doe Run (and any 
future owner) complies with the requirements of the 2020 Consent 
Agreement. In the case that activities at the facility do change, the 
2020 Consent Agreement provides a process for resumption of monitoring 
should certain lead-emitting activities resume at the facility. This 
requirement to resume monitoring provides an additional measure to 
ensure continued attainment of both the 1978 NAAQS and the 2008 NAAQS.
    For the reasons explained in this section, the EPA proposes to find 
that approval of the 2020 plan and 2020 Consent Agreement replacing the 
2004 plan and 2003 Settlement Agreement will not interfere with 
attainment or maintenance of the NAAQS, and thus satisfies CAA section 
110(l). Additionally, the EPA proposes to approve the 2020 plan and 
2020 Consent Agreement into Missouri's SIP because they include 
controls and contingency measures that will ensure protection of the 
2008 Lead NAAQS under the current and future operating status of the 
facility.

V. Requirements for Approval of a SIP Revision

    Pursuant to section 110(l) of the CAA, any SIP revision must ensure 
that it does not interfere with attainment or reasonable further 
progress towards attainment for any NAAQS, or with any other applicable 
requirement of the Act. For the reasons explained above, the EPA 
proposes to find Missouri's 2020 plan and 2020 Consent Agreement, as 
submitted to the EPA on October 7, 2020, as a replacement to the 2004 
plan and 2003 Settlement Agreement, does not interfere with attainment 
or maintenance of the NAAQS, and thus satisfies CAA section 110(l). If 
future activities include demolition or deconstruction of any of the 
remaining structures, the 2020 Plan and 2020 Consent Agreement provide 
for re-instating air monitors to ensure that deconstruction or 
demolition of the facility, activities that are known to re-entrain 
lead dust, do not lead to violations of the 2008 Lead NAAQS, and 
thereby protect human health and the environment. All the requirements 
of the 2020 Consent Agreement are also imposed on Doe Run's successors 
in the event of a future property transaction.
    Further, the State submission has met the public notice 
requirements for SIP submissions in accordance with 40 CFR 51.102. The 
submission also satisfied the completeness criteria of 40 CFR part 51, 
appendix V. The State provided public notice on this SIP revision from 
June 30, 2020 to August 6, 2020. A public hearing was held by the 
Missouri Air Conservation Commission (MACC) on July 30, 2020 before 
approval of the SIP revision request and submittal to EPA. No comments 
were received. In addition, as explained above in the analysis of the 
state's submittal, the proposed SIP revision meets the substantive 
requirements of the CAA, including section 110 of the CAA and 
implementing regulations.

VI. The EPA's Proposed Action

    The EPA is proposing to approve Missouri's request to strengthen 
the State Implementation Plan (SIP) by removing its maintenance plan 
and associated Consent Agreement for the 1978 Lead NAAQS for the former 
Doe Run Glover lead smelter in Iron County, Missouri, and replacing it 
with a plan for continued attainment of the 2008 Lead NAAQS and a new 
Consent Agreement. On October 29, 2004, the area surrounding the Glover 
facility was redesignated to attainment for the 1978 lead NAAQS, which 
is 1.5 micrograms per cubic meter ([micro]g/m\3\) averaged over a 
calendar quarter (69 FR 63072). On October 7, 2020, the state submitted 
a request to replace the maintenance plan to ensure that the area 
continues to maintain the 2008 Lead NAAQS, for which the area was 
designated unclassifiable/attainment in 2010. The 2008 Lead NAAQS 
replaced the 1978 NAAQS and is 0.15 [micro]g/m\3\ averaged over a 
rolling calendar quarter. Based on EPA's review of the state's 
submittal which is described in detail in the previous sections, EPA 
proposes to approve Missouri's request. Missouri's request includes a 
2020 Consent Agreement that restricts lead emitting activities, 
requires fugitive emissions controls and contingency measures, and 
applies to current and future owners of the facility. Once incorporated 
into the SIP, any change to the agreement would require a SIP revision 
and accompanying determination by EPA that the revision remains at 
least as protective as the current agreement under the CAA before the 
changes could take effect.

VII. Incorporation by Reference

    In this document, the EPA is proposing to approve regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is proposing the incorporation by 
reference of the Missouri Source-Specific Orders described as follows: 
The Doe Run Glover Facility Consent Agreement, APCP-2020-002, dated 
February 2, 2020, replaces the Doe Run Lead Smelter (Glover, MO) 
Settlement Agreement, dated October 31, 2003 (approved by EPA on 
October 29, 2004). The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 7 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials will be approved by the EPA for 
inclusion in the State implementation plan, will be incorporated by 
reference by EPA into that plan, and will be fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of the EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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    Also, in this document, as described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Source-Specific Permits and Orders from the Missouri 
State Implementation Plan, which is

[[Page 5766]]

incorporated by reference in accordance with the requirements of 1 CFR 
part 51.

VIII. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either nonattainment, 
attainment, or unclassifiable. Area designations address environmental 
justice concerns by ensuring that the public is properly informed about 
the air quality in an area. If an area is designated nonattainment of 
the NAAQS, the CAA provides for the EPA to redesignate the area to 
attainment upon a demonstration by the state authority that the 
criteria for a redesignation are met, including a showing that air 
quality is attaining the NAAQS and will continue to maintain the NAAQS 
in order to ensure that all those residing, working, attending school, 
or otherwise present in those areas are protected, regardless of 
minority and economic status.
    The EPA utilized the EJSCREEN tool to evaluate environmental and 
demographic indicators within the area. The tool outputs are contained 
in the docket for this action. The results indicate there are 
vulnerable populations in the area such as low-income individuals.
    This action addresses a plan for continued attainment of the 2008 
Lead NAAQS for the Glover, Missouri area. As discussed in this 
document, Missouri has demonstrated that the air quality in the Glover 
area is attaining the 2008 Lead NAAQS and will ensure continued 
attainment of the NAAQS. The 2020 Plan and 2020 Consent Agreement are 
as protective or more protective of vulnerable populations in the area 
than the 2004 maintenance plan and 2003 Settlement Agreement because 
they include broader provisions for the activities, including 
deconstruction and demolition, that are most likely to cause a future 
NAAQS violation. For these reasons, this proposed action does not 
result in disproportionately high and adverse human health or 
environmental effects on minority populations, low-income populations 
and/or indigenous peoples.

IX. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
    <bullet> This action does not have disproportionately high and 
adverse human health or environmental effects on minority populations, 
low-income populations and/or indigenous peoples, as specified in 
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for 
this determination is contained in section VIII of this action, 
``Environmental Justice Concerns.''
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, and Lead.

    Dated: January 20, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart--AA Missouri

0
2. In Sec.  52.1320:
0
a. Remove and reserve paragraph (d)(22) and add paragraph (d)(34); and
0
b. Remove and reserve paragraph (e)(49) and add paragraph (e)(81).
    The revisions and additions read as follows:


Sec.  52.1230  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source            Order/permit number   effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(22) Reserved
 

[[Page 5767]]

 
                                                  * * * * * * *
(34) Doe Run Glover Facility.....  Consent Agreement,       6/2/2020  [Date of publication
                                    APCP-2020-002.                     of the final rule
                                                                       in the Federal
                                                                       Register], [Federal
                                                                       Register citation
                                                                       of the final rule].
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
    Name of nonregulatory SIP          geographic or      submittal     EPA approval date        Explanation
            provision               nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(49) Reserved
 
                                                  * * * * * * *
(81) Glover Lead Plan for          Iron County (part)      10/7/2020  [Date of publication  [EPA-R07-OAR-2021-09
 Continued Attainment of the 2008   within boundaries                  of the final rule     13; FRL-9351-01-
 Lead NAAQS.                        of Liberty and                     in the Federal        R7].
                                    Arcadia Townships.                 Register], [Federal
                                                                       Register citation
                                                                       of the final rule].
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2022-01500 Filed 2-1-22; 8:45 am]
BILLING CODE 6560-50-P


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